Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

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Chapter 8 From De FactoCommons to Digital Commons? The Case of Egypt’ s Independent Music Industr y Nagla Rizk 1 Abstract This chapter provides the findings of a research study into the dynamics of Egypt’s vibrant independent music industry, which previous research has identified as potentially having “commons” dynamics. Based on a survey of musicians and consumers, and interviews with key stakeholders, the research found a complex set of dynamics and attitudes at play in relation to distribution and consumption of the musicians’ output. The research generated the conclusion that a Creative Commons-based “digital commons” business model using a “freemium” approach to payment may be worth exploring as a means to comply with copyright law in a manner that still caters to the existing priorities of musicians and consumers. 1. Background The research case study outlined in this chapter explored the legal and sociocultural frameworks that reward creativity and enable knowledge-sharing in Egypt’s independent music industry. Egypt is renowned for its entertainment industry and has been dubbed the “Hollywood of the East”. Its long and extensive history has made Egypt a cultural powerhouse, dominating the film and music industries in the region and making it fertile ground for this research. This research builds on the findings and recommendations of the author’s previous work on Egypt’s music industry, which concluded that “the live music scene in Egypt offers a special form of the commons […] [dubbed the] de facto 1 The author is grateful for the work of the A2K4D research team, comprising Lina Attalah, Nagham El Houssamy, Mariam El Abd and Youssef El Shazli, and for the contribution to the field work by Marc Michael and Nagla Eid.
Innovation & Intellectual Property commons because it represents practices that have naturally emanated from the bottom up without any deliberate actions or conscious decision on the part of any organizing agency” (Rizk, 2010a, p. 128). I consequently recommended that “a more commons-based approach” to music be adopted through advertising or a subscription-based model “that incorporates social networking, virtual gift giving, and holding virtual parties. Such formats would be highly suitable to the Egyptian culture and practices of accessing music” (Rizk, 2010a, p. 128). This case study comprised a collection of on-the-ground responses and evidence relating to music consumption patterns, and to the relevance and role of the current copyright regime in Egypt’s independent music industry, from multiple perspectives: the musicians, consumers and other stakeholders, such as venue owners and lawyers. The work also examined the “open development” paradigm (see Smith et al., 2011) by addressing the question of how to create a valid environment that would empower peer production and collaboration rather than marginalise selected stakeholders via intellectual property (IP) exclusion tools. (See Chapter 9 of this volume for discussion of the dynamics of copyright in relation to openness-oriented approaches to scholarly works.) Given the need for music-sharing among alternative Egyptian musicians, a valid IP environment in the country will be one with accepted and workable IP laws that eliminates the need for copyright infringement. Alternative musicians (as opposed to mainstream commercial musicians) were chosen as research participants because their field serves as a laboratory for studying the limitations of, as well as alternatives to, current IP regimes. Music as a quasi-public good, and the access versus incentive tension Music, like other knowledge goods, evokes the question of the extent to which it can be considered a public good or a private one. A public good is typically nonrivalrous (one person’s use does not preclude another person’s utility) and nonexcludable (no member of the public can be denied access). Because adding an extra user has no effect on the cost of producing a public good, universal access is usually socially desirable because excluding people means sacrificing public welfare unnecessarily. For public goods, the marginal cost of production (what it costs to produce one extra unit of the good) is zero. Therefore, the provision of a public good is unsustainable as a market practice; no private entity has an incentive to produce it. Music is conceptually non-rivalrous; one person’s enjoyment of a song does not take away from another’s. However, the non-rivalrous nature of music becomes complex when we consider different forms of music. The most common forms of music today are digital, as downloaded and stored in a computer or another digital device, packaged in a tape or CD, or delivered via live performances. Digital music 172
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Innovation & Intellectual Property
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Contents Preface ..................
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Preface This book is among the key
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Preface mandated Train for Trade pr
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About the Contributors Dr Perihan A
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Chapter 2 Frameworks for Analysing
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Chapter 10 African Patent Offices N
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Chapter 11 The State of Biofuel Inn
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Chapter 13 Effects of the South Afr
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Chapter 14 Towards University-Indus
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Table 15.7: Importance of IP and ot
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Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

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