In these jurisdictions, over time, the contribution authors make is likely to remain more visible to peers, for instance when referenced as the source of follow-on creativity. Attribution and the value of moral rights to creators have been given too little attention in previous research.
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However, the research that has been undertaken in this area, does call into question whether moral rights should differ across national copyright systems, which is currently the case. Second, income-focused reforms may effectively miss policy goals. Previous research shows that artists often hold multiple jobs to cross-subsidize lower paying art jobs and that their preferences for practicing art once their basic needs are covered can render public funding in the arts ineffective. This was evident when public subsidies for Dutch visual artists were introduced in the late s.
While the subsidies brought about a reduction in the time artists devoted to higher-paying non-art-related jobs and led to some artists devoting more hours to existing art jobs as well as some new artists entering the profession, the effect of the policy was to lower wages in the arts due to stronger competition among artists.
While its goal was to alleviate the financial distress experienced by artists, in practice, the policy failed to do so.
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What we need now is more discussion on the mechanisms enshrined in copyright law; a discussion that goes beyond income and income effects on creativity. Also, not all users of digital platforms will become amateur creators. Individuals seem to specialize either in using or in generating online content. But, again, good governance will have to do more than simply take pecuniary incentives into account. Finally, behavioral bias and its implications for legal frameworks can also have a bearing on policy.
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Put differently, artists may overestimate the value of their own works. This explains why some works are not traded in art markets. In the presence of such bias, the importance of right holders other than creators as intermediaries has been stressed, as has a proposal for the legal framework to take greater consideration of work-for-hire rules.
In some jurisdictions, these rules establish the employer — rather than the employee who creates the work as part of their job — as the legal author. Work-for-hire rules may help to overcome creativity bias in areas where works are unsold or where markets fail because of these biases. There may also be untapped sources of motivation in the legal frameworks that have been established to encourage creativity. While this discussion is not entirely new among legal scholars, all of the relevant legal aspects that may have a role to play have yet to be fully identified.
Obviously, something more than income makes these artists create. Views expressed here are those of the author, and do not necessarily reflect the views of WIPO or its member states. The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of WIPO concerning the legal status of any country, territory or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
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The mention of specific companies or products of manufacturers does not imply that they are endorsed or recommended by WIPO in preference to others of a similar nature that are not mentioned. IP and Ancient Greece and Rome. Tradition and Imitation in the Medieval West. The Renaissance and the Invention of the Creative Ideal. The Enlightenment.
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