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A simple model of copyright levies: implications for harmonization

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Abstract

Copyright levies are used as a way of compensating rightholders for the private use made of their protected works. This paper builds a simple model of copyright levies and investigates welfare implications of the harmonization of levy rates. The result is that, when the policy-maker places sufficient weight on the interests of collecting societies, harmonization could reduce social welfare. When countries are asymmetric, the country with a larger proportion of foreign consumption and more inefficient tax system loses more from harmonization. A calibration exercise using European data shows that harmonization would increase aggregate social welfare. However, in some countries, policy-makers are worse off although consumers are better off with harmonization. Especially, when larger countries have higher decision weights, the policy-makers are worse off overall, and hence would not agree to harmonize the levy rates.

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Notes

  1. The Directive, in particular Article 5.2(b), allows Member States to introduce a variety of private copying exceptions and provide for fair compensation for rightholders for the use made of their protected works. 22 out of the 27 Member States have implemented the exception accompanied by a levy system. In Ireland and the UK, private copying exceptions other than the time-shifting of broadcasts are not permitted, whereas in Malta, Greece, and Luxembourg, private copying exceptions were legislated into a law but no levy system has been introduced or enforced.

  2. A related literature is the literature on the effects of copyright term extension. Here, a number of authors have argued that the current copyright term (i.e., the life of the author plus 70 years after the author’s death) may be excessive (see, e.g., Akerlof et al. 2002; Khan 2004; Boldrin and Levine 2009; Png and Wang 2009).

  3. According to European Commission’s background document (2008), collecting societies’ main argument for the maintenance of levy systems is the lack of effective digital rights management (DRM) systems.

  4. For instance, in contrast to the conventional wisdom, Liebowitz (1985) and Besen and Kirby (1989) showed that copying could increase the producer’s profits; and Novos and Waldman (1984) found that an increase in copyright protection could lead to a decrease in the social welfare loss due to underutilization. See Peitz and Waelbroeck (2006) and Towse et al. (2008) for recent surveys of the literature on the economics of copying and copyrights.

  5. A well-known case is that when policy-makers face time-inconsistency problems, coordination eliminates competition between policy-makers, who then become more opportunistic ex post and adopt a policy that reduces the citizen’s welfare (Rogoff 1985).

  6. Assuming heterogeneous copying costs would lead to a cutoff level of consumer type, so that a fraction of the consumers purchase the original good while the others make copies. However, the main results in this paper do not depend on this simplifying assumption. Instead, following the literature on international policy coordination, I construct and calibrate a representative consumer economy.

  7. That is, given the present state of affairs, it seems difficult to implement direct policy instruments to curb illegal copying. For instance, the U.S. Senate anti-piracy bill, known as the Protect IP Act, and the U.S. House’s Stop Online Piracy Act were shelved in January 2012 after unprecedented protests from tech firms and other activists.

  8. There is in fact a lack of transparency about the expenditures of collecting societies, and some collecting societies have misused the funds. Notice that this assumption does not refute that cultural policies should be useful to the society. On the contrary, in the model, direct support for artists in the form of increased remuneration increases the incentive for artistic work. It only claims that there is no benefit from the discretionary spending funded through the levy collections that are otherwise due to the artists.

  9. Given the assumption that all consumers’ preferences are the same, modeling the levy this way is without serious loss of generality. Even if levies are imposed on a per-unit (of l) basis, it will not qualitatively change the main results, which depend on the concavity of the utility function and the convexity of the marginal cost function.

  10. A constant-returns-to-scale production function is not a crucial assumption because to satisfy the second-order condition, it suffices to assume that the consumer’s utility function is concave in both τ and κ. That is, the results in this paper would not change if production technology exhibited a decreasing or even moderately increasing returns to scale as long as the utility function is sufficiently concave.

  11. To be more precise, the deadweight loss of commodity taxation measures the extra amount by which the consumer is made worse off by the commodity taxation above what is necessary to raise the same revenue through a lump-sum tax; and these properties hold under a mild assumption on the consumer’s utility function (see, e.g., Mas-Colell et al. 1995).

  12. Huang and Png (2010) find some evidence that copyright levies are influenced by both content producer’s lobbying and the median consumer’s preference. A careful reader may recognize that there could be opposing lobbies as well, such as consumer electronics industry. However, demand for consumer electronics depends on many other factors than the levy, and the sellers mostly pass the levy on to the consumers, so the efforts of opposing lobbies have been unsuccessful (see also the Hargreaves Review of Intellectual Property 2011). Although the truthful equilibrium may not be the best selection criterion when there is only one lobby in the model, if the collecting societies were not willing to give up the whole rent, then the net effect would be similar to the one where the policy-maker’s weight on collecting societies decreased.

  13. In fact, the nonnegative constraint on τ is redundant. That is, as long as we assume that cultural spending by the collecting societies are self-funded through the levy collections, not by other government resources, a subsidy on copying equipment/media (i.e., τ<0) cannot arise since κ≥0 implies τ≥0.

  14. In the real world, collecting societies determine the amount of their levy collections (after deductions) due to each rightholder using such measures as radio airtime and record sales. If the rightholders are located in foreign countries, then the collecting societies redistribute the amounts indirectly through transfers to local collecting societies in each country.

  15. To be precise, a single, harmonized levy rate (common across countries) considered in this section may be non-optimal in a fully cooperative sense, where countries may set different levy rates. This paper focuses on the former case because the objective of the current policy initiatives is to eliminate the widely ranging variations in national levies, which distorts the EU’s single market principle. The cooperative levy where countries may set different rates is the same as the previous section’s analysis of a single country because all the externalities are internalized for each country.

  16. This logic is similar to the reason why “it would be hard to understand that the Commission would set a cap on, say, an obligation for certain types of company to dedicate part of their profits to R&D that was established by a Member State’s legislation” (European Grouping of Societies of Authors and Composers 2008).

  17. The first part of this assumption may be justified by the fact that there are lobbying activities at supranational as well as national level, such as in the European Union or World Intellectual Property Organization, by collecting societies and their umbrella organization. The second part of the assumption is simplifying given the result in Proposition 4.

  18. The original data are provided by European Grouping of Societies of Authors and Composers (GESAC), which represents 34 of the main collective copyright management societies in the European Union, Norway, and Switzerland. The data are contained in the European Commission’s First Call for Comments, “Copyright Levies in a Converging World” in 2006.

  19. That is, some countries impose levies on electronics based on memory capacity and others charge as a percentage of sales price. Further, even the rules based on memory capacity differ significantly by countries because the memory capacity of those devices is much larger than a typical CD-R.

  20. In the real world, it is possible that the policy-makers have a broader objective function, which might decrease consumer’s welfare. However, it is difficult to know policy-maker’s objectives from the standpoint of researchers, so I use the consumer welfare as the default welfare criterion.

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Acknowledgements

I thank the editor Eckhard Janeba and two anonymous referees for helpful comments. Thanks are also due to the participants in SERCI and AEA annual meetings.

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Correspondence to Jin-Hyuk Kim.

Appendix

Appendix

Proof of Proposition 1

It is straightforward to check that the columns of the Jacobian of the constraints are independent, and thus the constraint qualification condition holds at any solution candidate. Form a Lagrangian and derive the full set of first-order conditions as follows:

(18)

(i) κ =τ , τ =0, κ =0. Then, λ 1+λ 2=1+Γ′(0)−u′(0)<0. This is a contradiction.

(ii) κ =τ , τ >0, κ >0. Since λ 3=0, λ 1=δu′(0)<0. This is a contradiction.

(iii) κ <τ , τ >0, κ =0. Since λ 1=λ 2=0, u′(τ )=1+Γ′(τ ) and λ 3=u′(τ )−δ. Because λ 3≥0, the condition holds if u′(τ )≥δ. Let \(\bar{\delta}=u^{\prime }(\tau^{\ast })\). Then, \(\bar{\delta}=1+\varGamma^{\prime }(\tau^{\ast })>1\) because τ >0. The next case shows that if \(\bar{\delta}<\delta \), κ ≠0 at the optimum.

(iv) κ <τ , τ >0, κ >0. Since λ 1=λ 2=λ 3=0, u′(τ κ )=1+Γ′(τ ) and u′(τ κ )=δ. Combining the two, Γ′(τ )=δ−1. For κ >0, it must be \(\delta >u^{\prime }(\tau^{\ast })=1+\varGamma^{\prime }(\tau^{\ast })=\bar{\delta}>1 \) because τ >0. There are no other solution candidates.

It is straightforward to check that Berge’s theorem of the maximum applies, and thus the solution (τ ,κ ) is upper hemicontinuous. Since u′′(l)<0 and Γ′′(τ)>0, the solution is single-valued, hence, continuous. □

Proof of Proposition 2

(i) Suppose \(\delta \leq \bar{\delta}\). Then, τ is determined by u′(τ )=1+Γ′(τ ) and hence independent of δ. For δ>1, τ is determined by Γ′(τ )=δ−1. By totally differentiating both sides, \(\varGamma^{\prime \prime }(\tau^{\ast })\frac{\partial \tau^{\ast }}{\partial \delta }=1\). Since Γ′′>0, \(\frac{\partial \tau^{\ast }}{\partial \delta }>0\). Also, u′(τ κ )=δ holds true, where u′′(τκ)<0. By totaling differentiating both sides, \(u^{\prime \prime }(\tau^{\ast }-\kappa^{\ast }) [ \frac{\partial \tau^{\ast }}{\partial \delta }-\frac{\partial \kappa^{\ast }}{\partial \delta } ] =1\). Thus, \(\frac{\partial \kappa^{\ast }}{\partial \delta }=\frac{\partial \tau^{\ast }}{\partial \delta }-\frac{1}{u^{\prime \prime }}>0\).

(ii) Define \(\bar{\delta}_{A}=u^{\prime }(\bar{\tau}_{A})=1+\varGamma_{A}^{\prime }(\bar{\tau}_{A})\) and \(\bar{\delta}_{B}=u^{\prime }(\bar{\tau}_{B})=1+\varGamma_{B}^{\prime }(\bar{\tau}_{B})\). It can be readily shown that \(\bar{\tau}_{A}<\bar{\tau}_{B}\) and \(\bar{\delta}_{A}>\bar{\delta}_{B}\). Thus, if \(\delta \leq \bar{\delta}_{B}\), \(\tau_{A}^{\ast }=\bar{\tau}_{A}<\bar{\tau}_{B}=\tau_{B}^{\ast }\). If \(\bar{\delta}_{B}<\delta \leq \bar{\delta}_{A}\), by 2.(i), \(\tau_{A}^{\ast }=\bar{\tau}_{A}<\bar{\tau}_{B}<\tau_{B}^{\ast }\), and also \(\kappa_{A}^{\ast }=0<\kappa_{B}^{\ast }\). If \(\bar{\delta}_{A}<\delta \), since \(1+\varGamma_{A}^{\prime }(\tau_{A}^{\ast })=\delta =1+\varGamma_{B}^{\prime }(\tau_{B}^{\ast })\), \(\tau_{A}^{\ast }<\tau_{B}^{\ast }\); from \(u^{\prime }(\tau_{A}^{\ast }-\kappa_{A}^{\ast })=\delta =u^{\prime }(\tau_{B}^{\ast }-\kappa_{B}^{\ast })\), \(\kappa_{A}^{\ast }<\kappa_{B}^{\ast }\).

(iii) Define \(\bar{\delta}_{A}=u_{A}^{\prime }(\bar{\tau}_{A})=1+\varGamma^{\prime }(\bar{\tau}_{A})\) and \(\bar{\delta}_{B}=u_{B}^{\prime }(\bar{\tau}_{B})=1+\varGamma^{\prime }(\bar{\tau}_{B})\). It can be readily shown that \(\bar{\tau}_{A}>\bar{\tau}_{B}\) and \(\bar{\delta}_{A}>\bar{\delta}_{B}\). Thus, if \(\delta \leq \bar{\delta}_{B}\), \(\tau_{A}^{\ast }=\bar{\tau}_{A}>\bar{\tau}_{B}=\tau_{B}^{\ast }\). If \(\bar{\delta}_{B}<\delta <\bar{\delta}_{A}\), by 2.(i), \(\tau_{A}^{\ast }=\bar{\tau}_{A}\) and since \(1+\varGamma^{\prime }(\tau_{B}^{\ast })=\delta <\bar{\delta}_{A}=1+\varGamma^{\prime }(\bar{\tau}_{A})\), \(\bar{\tau}_{A}>\tau_{B}^{\ast }\). Also, \(\kappa_{A}^{\ast }=0<\kappa_{B}^{\ast }\). If \(\bar{\delta}_{A}\leq \delta \), \(1+\varGamma^{\prime }(\tau_{A}^{\ast })=\delta =1+\varGamma^{\prime }(\tau_{B}^{\ast })\), thus \(\tau_{A}^{\ast }=\tau_{B}^{\ast }\); from \(u_{A}^{\prime }(\tau_{A}^{\ast }-\kappa_{A}^{\ast })=\delta =u_{B}^{\prime }(\tau_{B}^{\ast }-\kappa_{B}^{\ast })\), \(\kappa_{A}^{\ast }<\kappa_{B}^{\ast }\). □

Proof of Proposition 3

It is straightforward to show that \(\tau_{i}^{\ast }\) is characterized by \((1-\gamma_{i})\delta =1+\varGamma^{\prime }(\tau_{i}^{\ast })\) in the noncooperative equilibrium and by δ=1+Γ′(τ h) in the cooperative equilibrium.

(i) Since γ 1=γ 2>0, it follows that \(\tau_{1}^{\ast }=\tau_{2}^{\ast }=\tau^{\ast }<\tau^{h}\). Substituting into the first-order conditions, \(u^{\prime }(\tau^{\ast }-\kappa_{1}^{\ast })=\delta =u^{\prime }(\tau^{\ast }-\kappa_{2}^{\ast })\). Since u′is a one-to-one function, \(\kappa_{1}^{\ast }=\kappa_{2}^{\ast }=\kappa^{\ast }\). Then, \(SW_{1}^{\ast }=SW_{2}^{\ast }=u(\tau^{\ast }-\kappa^{\ast })-\tau^{\ast }-\varGamma (\tau^{\ast })\). Similarly, we have \(u^{\prime }(\tau^{h}-\kappa_{1}^{h})=\delta =u^{\prime }(\tau^{h}-\kappa_{1}^{h})\), so that \(\kappa_{1}^{h}=\kappa_{2}^{h}=\kappa^{h}\). Therefore, τ κ =τ hκ h, and \(SW_{1}^{h}=SW_{2}^{h}=u(\tau^{h}-\kappa^{h})-\tau^{h}-\varGamma (\tau^{h})\). ΔSW 1SW 2=τ +Γ(τ )−τ hΓ(τ h)<0.

(ii) In the noncooperative equilibrium, since γ 1>γ 2>0, it follows that \(\tau_{1}^{\ast }<\tau_{2}^{\ast }<\tau^{h}\). From the first-order conditions, \(u^{\prime }((1-\gamma_{1})\tau_{1}^{\ast }-\kappa_{1}^{\ast }+\gamma_{2}\tau_{2}^{\ast })=\delta =u^{\prime }((1-\gamma_{2})\tau_{2}^{\ast }-\kappa_{2}^{\ast }+\gamma_{1}\tau_{1}^{\ast })\). Since u′is a one-to-one function, \((1-\gamma_{1})\tau_{1}^{\ast }-\kappa_{1}^{\ast }+\gamma_{2}\tau_{2}^{\ast }=(1-\gamma_{2})\tau_{2}^{\ast }-\kappa_{2}^{\ast }+\gamma_{1}\tau_{1}^{\ast }\). Then, \(SW_{1}^{\ast }-SW_{2}^{\ast }=\tau_{2}^{\ast }+\varGamma (\tau_{2}^{\ast })-\tau_{1}^{\ast }-\varGamma (\tau_{1}^{\ast })>0\). In a similar fashion, it can be shown that \(SW_{1}^{h}-SW_{2}^{h}=0\). Finally, since \(u^{\prime }((1-\gamma_{2})\tau^{h}-\kappa_{2}^{h}+\gamma_{1}\tau^{h})=\delta \), \(SW_{2}^{h}-SW_{2}^{\ast }=\tau_{2}^{\ast }+\varGamma (\tau_{2}^{\ast })-\tau^{h}-\varGamma (\tau^{h})<0\), it follows that ΔSW 1SW 2<0. □

Proof of Proposition 4

(i) It is straightforward to show that \(\tau_{i}^{\ast }\) is characterized by \((1-\gamma )\delta =1+\varGamma_{i}^{\prime }(\tau_{i}^{\ast })\) in the noncooperative equilibrium. Since, \(\varGamma_{1}^{\prime }(\tau )>\varGamma_{2}^{\prime }(\tau )\), \(\tau_{1}^{\ast }<\tau_{2}^{\ast }\). It also satisfies \(u^{\prime }((1-\gamma )\tau_{1}^{\ast }-\kappa_{1}^{\ast }+\gamma \tau_{2}^{\ast })=\delta =u^{\prime }((1-\gamma )\tau_{2}^{\ast }-\kappa_{2}^{\ast }+\gamma \tau_{1}^{\ast })\), where u′ is an injection. Thus, \(SW_{1}^{\ast }-SW_{2}^{\ast }=\tau_{2}^{\ast }+\varGamma (\tau_{2}^{\ast })-\tau_{1}^{\ast }-\varGamma (\tau_{1}^{\ast })>0\). On the other hand, in the cooperative case, τ h is determined by \(\delta =1+\varGamma_{1}^{\prime }(\tau^{h})/2+\varGamma_{2}^{\prime }(\tau^{h})/2\). Since \(\varGamma_{1}^{\prime }(\tau )>\varGamma_{2}^{\prime }(\tau )\), it can be shown that \(\tau^{h}>\tau_{1}^{\ast }\). It still holds that \(u^{\prime }((1-\gamma )\tau^{h}-\kappa_{1}^{h}+\gamma \tau^{h})=\delta \). Then, \(SW_{1}^{h}-SW_{1}^{\ast }=\tau_{1}^{\ast }+\varGamma (\tau_{1}^{\ast })-\tau^{h}-\varGamma (\tau^{h})<0\) because \(\tau_{1}^{\ast }<\tau^{h}\). \(\Delta SW_{2}-\Delta SW_{1}=\varGamma_{1}(\tau^{h})-\varGamma_{2}(\tau^{h})+SW_{1}^{h}-SW_{2}^{\ast }>0\), where the last inequality holds because Γ 1(τ h)>Γ 2(τ h).

(ii) It is straightforward to show that \(\tau_{i}^{\ast }\) is characterized by \((1-\gamma )\delta =1+\varGamma^{\prime }(\tau_{i}^{\ast })\) in the noncooperative equilibrium, and τ h is characterized by δ=1+Γ′(τ h) in the cooperative case. Hence, \(\tau_{1}^{\ast }=\tau_{2}^{\ast }=\tau^{\ast }<\tau^{h}\). Using the first-order conditions, \(u_{1}^{\prime }(\tau^{\ast }-\kappa_{1}^{\ast })=\delta =u_{1}^{\prime }(\tau^{h}-\kappa_{1}^{h})\) and \(u_{2}^{\prime }(\tau^{\ast }-\kappa_{2}^{\ast })=\delta =u_{2}^{\prime }(\tau^{h}-\kappa_{2}^{h})\), where u′ is an injection. Then, \(SW_{1}^{h}-SW_{1}^{\ast }=\tau_{1}^{\ast }+\varGamma (\tau_{1}^{\ast })-\tau^{h}-\varGamma (\tau^{h})<0\). Also, \(\Delta SW_{1}-\Delta SW_{2}=u_{1}(\tau^{h}-\kappa_{1}^{h})-u_{1}(\tau^{\ast }-\kappa_{1}^{\ast })-u_{2}(\tau^{h}-\kappa_{2}^{h})+u_{2}(\tau^{\ast }-\kappa_{2}^{\ast })=0\). □

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Kim, JH. A simple model of copyright levies: implications for harmonization. Int Tax Public Finance 20, 992–1013 (2013). https://doi.org/10.1007/s10797-012-9256-6

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