In last week’s class there was an interesting though brief discussion around the possible correlation between weak IP countries and strong creative presence. This grew out of an article written by the Law Librarian at Rutgers last year which pointed out a correlation between strong economies and weak IP laws. What I wished for in that correlation was that “civil society” concepts could also be in the mix Which led me to suggest that some Scandinavian countries had perhaps achieved all three things (strong economy, civil society, and more liberal IP laws. Then Roch Ripley point out two classes ago that Switzerland had one of the world’s strongest economies last year and very strong IP laws. Leading to my rebuttal that generally speaking the creative content industries did not play a significant role in Switzerland’s economy.
Which leads us back around to the attached discussion involving Aimee Corrigan and Colin Maclay at the Berkman Centre last week. It is on “The New Nollywood”, Nigeria’s vibrant film industry. There are various allusions in it to possible correlations between weak IP laws (problematic as piracy is rampant, and a mixed blessing in other ways) and a unusually strong creative base.An interesting discussion of this can be found beginning at 39:50 as well as in a few other places.
Again, in all of this never lose sight of the fact that correlation is not causation.
jon
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This was an interesting talk. The thing that struck me the most in learning about Nollywood was the extreme popularity of Nollywood films combined with the low barriers to entry for creators. Even though many of the films are filmed on digital cameras and none are shot ii studios, there is still immense demand from consumers. It reminded me of how, when I was much younger, my whole family used to watch movies on a 12 inch Commodore display, but the small size of the screen didn’t really bother me once the movie had started. Similarly, I think many of us still enjoy Star Wars and Super Mario World as much as newer movies and games, despite their comparative technological inferiority. The profitability of media with lower production cost is being seen now more than ever with things such as Youtube videos and mobile games.
Perhaps it would be possible, then, that there is a correlation between weak IP laws and media and entertainment industries with lower barriers to entry. A potential Nollywood filmmaker could create a successful movie using a digital camera and a laptop. Furthermore, he or she wouldn’t be competing with Nollywood films that were shot in a studio because, as I understand it, there are no Nollywood studios. I think it’s obvious that these low barriers to entry have the potential to attract many creative minds who would otherwise not have the connections, finances, or equipment to enter the film industry. As was mentioned, piracy has also played a large part in popularizing Nollywood. I would argue that low-cost (or no cost) purchase options–which are surely correlated with the low barriers to entry–are also the main reason for the popularity of Youtube videos and mobile games (especially microtransaction games).
I would argue that the combination of low barriers to entry for creators and high demand for the product (which can come from popularity due to low-cost purchase options for consumers) breeds a strong creative presence in a given industry. Where this industry forms a larger portion of the economy, a stronger economy might ultimately result. If this were the case, then weak IP laws would only be one part of the equation. Weak IP laws would encourage creative presence if they had the effect of increasing the demand and profitability of a product. For example, if Nollywood films eventually draw most of their profit from product placement and other advertising, rather than DVD sales, piracy could actually increase profits. In contrast, it is difficult to think of a case where industries that require more R&D and rely on exclusivity and high costs to consumers (e.g. creating and selling an operating system) could attract creative talent with weak IP laws.
Ultimately, maybe countries with weak IP laws simply tend to have lower barriers to entry in their creative industries, therefore attracting a stronger creative presence. Because creators can create at a lower cost, the products become less expensive and more accessible to consumers, thus increasing their popularity. This would have even more of an impact in countries that have high populations (another thing that could potentially be correlated with IP laws!). These lower barriers could be caused by the weaker IP laws, or they could simply be correlated.
Feel you have put your finger directly on the core of the issue. “Weak” IP laws (perhaps the right phrase is “User friendly IP laws”) are only a part of the answer as they lower the barriers to creativity. They do at least appear to be a legitimate correlation (as opposed to a fluke).
jon