In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement. A preliminary study of the Malaysian music industry

• Pages: 34-48
• DOI: https://doi.org/10.1108/JITLP-10-2016-0025
• Published date: 20 March 2017
• Date: 20 March 2017
• Author: Ida Madieha Abdul Ghani Azmi,Rokiah Alavi
• Subject Matter: Strategy,International business,International business law,Economics,International economics,International trade

In search for support for the

extension of copyright term

under the Trans-Pacic

Partnership Agreement

A preliminary study of the Malaysian

music industry

Ida Madieha Abdul Ghani Azmi

Civil Law Department, International Islamic University Malaysia,

Kuala Lumpur, Malaysia, and

Rokiah Alavi

Department of Economics, International Islamic University Malaysia,

Kuala Lumpur, Malaysia

Abstract

Purpose –One of the binding commitments under the Trans-Pacic Partnership Agreement is the

extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary

ndings of a research on the potential impact of the extension of copyright term on the music industry in

Malaysia. As Malaysia is a user and net importer of intellectual property, it is feared that extending the

copyright term will likely impede incentives for the creation of new contents, increase the cost of licensing/

royalties, diminish the choice and creativity of lm and music industry and increase royalty payments abroad.

The purpose of this study is to determine whether the commercial lifespan of copyright works is long enough.

Design/methodology/approach –Using a qualitative research method, in-depth interviews were

carried out with key industry players between June and September 2015 to collect relevant information from

the industry. The information obtained was analysed to gauge the market standing of the local music industry

and how the proposed extension would bolster their nancial and market power. The paper does not intend to

explore the legal implications from the retrospective extension of copyright term and data on illegal use and

piracy. The ndings of the research will be purely drawn from the non-structured interviews and information

gathered from respondents.

Findings –The paper concludes that there is not enough evidence to support the notion that the copyright

extension will be economically advantageous to the local music industry.

Research limitations/implications –The feedback from the interviews, although cannot be

generalised to be considered as representing the whole music industry in Malaysia, can nevertheless be taken

as preliminary conclusions and an eye-opener to the quest for concrete support in the debate for the extension

of the copyright term in Malaysia. The paper also does no explore the legal implications from the retrospective

extension of copyright and data on illegal use and piracy.

Practical implications –In conclusion, more studies need to be conducted to understand the dynamics

and needs of the music market in Malaysia for the extension of the copyright term to be really benecial to

them. As this study is only conducted using a qualitative research method, using open-ended and in-depth

interview techniques on a small group of respondents, there may be a need to embark on empirical research

with proper execution of survey instruments to a larger group of respondents.

The authors acknowledge the generous support from the Ministry of Education for making this

research possible.

The current issue and full text archive of this journal is available on Emerald Insight at:

www.emeraldinsight.com/1477-0024.htm

JITLP

16,1

34

Received 17 October 2016

Revised 22 December 2016

Accepted 12 February 2017

Journalof International Trade Law

andPolicy

Vol.16 No. 1, 2017

pp.34-48

©Emerald Publishing Limited

1477-0024

DOI 10.1108/JITLP-10-2016-0025