Abstract
This chapter discusses the liberal economic approach to problems of copyright law espoused by Alan Peacock, in particular in relation to performing rights in music. His contribution showed a man of independent mind, not at all afraid to disagree with the established wisdom or to draw conclusions that surprised those for and with whom he worked. In the spirit of an argument amongst friends, the chapter analyses the extent to which Peacock’s view of the economics of copyright resembled or differed from those who had gone before, including David Hume and Arnold Plant. It is suggested that the approach was another example of Peacock’s rejection of William Baumol’s analysis of the economics of the performing arts as always bound to require public subsidy. Peacock showed that composers and their publishers adjusted their positions to the demands of the market and also generated significant revenue for themselves in meeting consumer demand, in particular through collective action by way of membership organisations such as the Performing Right Society. In the 1970s he also advocated the imposition of a levy on blank media enabling private copying of content, an issue which has recently returned to the fore in debates about further copyright reform to meet the digital challenge. The chapter concludes with some comments on Peacock’s reluctance to extend his economic analysis to more general questions about copyright law and policy.
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Notes
- 1.
An LLB in Law and Economics and an MA in Economics and Law. The degrees are still available today in Edinburgh University.
- 2.
The PRS and the Mechanical Copyright Protection Society formed the MCPS-PRS Alliance in 1997 and in 2009 the name ‘PRS for Music’ was adopted as a brand in under which the alliance sat. In 2013 PRS and MCPS-PRS Alliance realigned their brands and became respectively PRS for Music and The Mechanical-Copyright Protection Society (MCPS).
- 3.
Peacock’s copy of Plant 1953 (which I now possess) is inscribed ‘A. T. Peacock from A. P.’
- 4.
See notice published 20 July 2015, accessible at https://www.gov.uk/government/news/quashing-of-private-copying-exception.
- 5.
See the European Commission website (http://ec.europa.eu/internal_market/copyright/levy_reform/index_en.htm) for previous sporadic outbursts of interest in the subject since 2006.
- 6.
This refers to the United Kingdom referendum on continued membership of the European Union, to be held in June, 2016.
- 7.
- 8.
See for example, http://www.vh1.com/news/52874/10-stars-discovered-on-youtube/.
References
Anderson M (1987) Hans Gál: a conversation with Martin J Anderson. J Br Music Soc 9:33–44
Baumol W, Bowen WG (1966) Performing arts: the economic dilemma. Twentieth Century Fund, New York
Black G (2014) Exclusive privilege: Adam Smith, John Millar and the creation of a new real right. In: Anderson RG, Chalmers J, MacLeod J (eds) Glasgow tercentenary essays: 300 years of the School of Law. Avizandum, Edinburgh, pp 20–52
Bowring J (1838–1843) Jeremy Bentham, The works of Jeremy Bentham. Published under the superintendence of his executor, John Bowring. 11 vols. William Tait, Edinburgh
Brown IG (ed) (2014) David Hume my own life 1776. Royal Society of Edinburgh, Edinburgh
Department of Trade and Industry (1981) Reform of the law relating to copyright, designs and performers’ protection. Cmnd 8302. HMSO, London
European Commission (2015) Communication towards a modern, more European copyright framework. COM (2015) 626 final, Brussels, 9 Dec 2015
Freegard M, Black J (eds) (1997) The decisions of the UK Performing Right and Copyright Tribunal. Butterworths, London
Gál H (2014) Music behind barbed wire: a diary of summer 1940. Toccata, London
Gowers Review (2006) Gowers review of intellectual property. HMSO, London
Graham R (2004) The great infidel: a life of David Hume. Tuckwell, East Linton
Greig JYT (1969) The letters of David Hume. 2 vols, reprint of 1932 edn. Clarendon, Oxford
Hadfield GK (1992) The economics of copyright: an historical perspective. Copyright Law Symp 38:1–46
Hargreaves I (2011) Digital opportunity: a review of intellectual property and growth. https://www.gov.uk/government/publications/digital-opportunity-review-of-intellectual-property-and-growth. Accessed 17 Dec 2015
Harris JA (2015) Hume: an intellectual biography. Cambridge University Press, Cambridge
Home H (Lord Kames) (1778) Principles of equity, 3rd edn. Bell & Creech, Edinburgh
InfoSoc Directive (2001) European Parliament and Council Directive on the harmonisation of certain aspects of copyright and related rights in the information society
Koch J (2015) How to make money with your music on YouTube. ASCAP http://www.ascap.com/playback/2015/06/action/make-money-youtube.aspx, 22 June 2015. Accessed 17 Dec 2015
Kretschmer M, Kawohl F (2004) The history and philosophy of copyright. In: Frith S, Marshall L (eds) Music and copyright. Edinburgh University Press, Edinburgh, pp 21–53
Macaulay TB (1853) Speeches parliamentary and miscellaneous. Clarke, Beeton, London
MacCormick N (2006) The European Union and the idea of a perfect Commonwealth. Hume Occasional Paper n 68. The David Hume Institute, Edinburgh
MacQueen HL (1989, 1995) Copyright, competition and industrial design, 1st edn. Aberdeen University Press for The David Hume Institute, Edinburgh (1989); 2nd edn. Edinburgh University Press for The David Hume Institute, Edinburgh (1995)
MacQueen HL (2010) Intellectual property and the common law in Scotland c.1700-c.1850. In: Bently L, D’Agostino G, Ng C (eds) The common law of intellectual property: essays in honour of David Vaver. Hart, Oxford, pp 21–43
MacQueen HL (2014) The war of the booksellers: natural law, equity, and literary property in eighteenth-century Scotland. J Leg Hist 35:231–257
MacQueen HL, Peacock AT (1995) Implementing performing rights. J Cult Econ 19:157–175
Meek RL, Raphael DD, Stein PG (eds) (1978) Adam Smith, lectures on jurisprudence. Oxford University Press, Oxford
Montgomery R, Threlfall R (2007) Music and copyright: the case of Delius and his publishers. Ashgate, Aldershot
Mossner EC (1980) The life of David Hume, 2nd edn. Clarendon, Oxford
Mossner EC, Ransom H (1950) Hume and the ‘conspiracy of the booksellers’: the publication and early fortunes of the History of England. Univ Tex Stud Engl 29:162–182
Norton DF, Norton MJ (eds) (2011) David Hume, Treatise of human nature. Oxford University Press, Oxford
Parliamentary history (1813) Parliamentary history of England from the earliest period to the year 1803, vol XVII, AD 1771–1774. London
Peacock AT (1979) Public policy and copyright in music: an economic analysis. In: Peacock AT (ed) The economic analysis of government and related themes. Martin Robertson, London, pp 137–152, reproduced from Kulp B, Stützel W (eds) (1973) Beiträge zu einer Theorie der Sozialpolitik: Festschrift für Elisabeth Liefmann-Keil zum 65. Geburtstag. Duncker & Humblot, Berlin
Peacock AT (1983) A vision of the Institute. Published in Kuenssberg N, Lomas G (eds) The David Hume Institute: the first decade. The David Hume Institute, Edinburgh (1996). Reprinted in Kuenssberg N (ed) Argument amongst friends: twenty five years of sceptical enquiry. The David Hume Institute, Edinburgh (2010)
Peacock AT (1993) Paying the piper: culture, music and money. Edinburgh University Press, Edinburgh
Peacock AT, Weir R (1975) The composer in the marketplace. Faber, London
Phillipson N (1989) Hume. Weidenfeld & Nicolson, London
Plant A (1934) The economic aspect of copyright in books. Economica 1:167–195
Plant A (1953) The new commerce in ideas and intellectual property. The Stamp Memorial Lecture 1953. Athlone, London
Robson JM (ed) (1965) John Stuart Mill, Principles of political economy: with some of their applications to social philosophy, 2 vols. University of Toronto Press, Toronto
Scherer FM (2004) Quarter notes and bank notes: the economics of music composition in the eighteenth and nineteenth centuries. Princeton University Press, Princeton
Todd WB (ed) (1976) Adam Smith, an inquiry into the nature and causes of the wealth of nations, 2 vols. Oxford University Press, Oxford
Towse R (1999) Copyright and economic incentives: an application to performers’ rights in the music industry. KYKLOS 52:369–390
Towse R (2004) Copyright and economics. In: Frith S, Marshall L (eds) Music and copyright. Edinburgh University Press, Edinburgh, pp 54–69
Towse R (2005) Alan Peacock and cultural economics. Econ J 115:262–276
Towsey MRM (2010) Reading the Scottish enlightenment: books and their readers in provincial Scotland, 1750-1820. Brill, Leiden
Whitford Report (1977) Copyright and designs law: report of the committee to consider the law on copyright and designs. Cmnd 6732. HMSO, London
Williamson J (2015) For the benefit of all musicians? The Musicians’ Union and performers’ rights in the UK. In: Rahmatian A (ed) Concepts of music and copyright: how music perceives itself and how copyright perceives music. Edward Elgar, Cheltenham, pp 167–194
Witt S (2015) How music got free. Bodley Head, London
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MacQueen, H. (2016). Performance Rights in Music: Some Perspectives from Economics, Law and History. In: Rizzo, I., Towse, R. (eds) The Artful Economist. Springer, Cham. https://doi.org/10.1007/978-3-319-40637-4_7
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