Follow-on Funding: Improving Deliberation, Improving Copyright

Lead Research Organisation: London School of Economics and Political Science
Department Name: Media and Communications

Abstract

The main aim of this project is to co-produce, with key stakeholder organisations and members of the public, a new deliberative model for consultations that can help policymakers to obtain better evidence to support copyright policymaking and potentially other areas of media policy. Our project objectives are: (1) to engage in dialogue with stakeholders about their experiences of copyright consultations and combine these insights with the findings of our own research; (2) to co-produce, with stakeholders, a new deliberative model of consultation for copyright policy that is robust, sustainable, and satisfies key democratic principles; (3) to share the model with the UK Intellectual Property Office as a tool for planning future consultations about copyright; (4) to explore with Ofcom the possibilities of using the model for consultations about other areas of media policy; and (5) to distribute the project outputs to relevant policymaking communities via the stakeholder and project team's networks.

The proposal draws on the project team's previous research into how copyright is variously understood, communicated, and debated by different groups in society (see Klein, Moss and Edwards 2015). Most directly, it builds on a recent AHRC-funded study, 'Improving Deliberation, Improving Copyright' (AH/K000179/1), which explored how members of the public can be engaged in discussing copyright policy more effectively (Edwards, Moss, & Karvelyte, 2017). The project brought 88 members of the public together over one weekend to deliberate about copyright and ways it might change. Participants engaged enthusiastically with the event and greatly valued the opportunity to discuss copyright with one another, but they also wanted to understand and engage further with the perspectives of other key stakeholders, such as industry representatives and creative workers, and to know how their input could inform copyright policymaking. By working with all relevant stakeholders to consider how the public voice can be incorporated into policy consultations more effectively, this follow-on project addresses these points directly.

To achieve our objectives, the project will adopt a creative and flexible approach that focuses on knowledge-sharing and exchange through project design, stakeholder engagement, and final outputs. The project begins with in-depth dialogues with stakeholder groups (creative workers, creative industry companies, intermediaries, regulatory bodies, relevant government departments, and members of the public), which will explore their experiences of consultation exercises and share the findings from our previous research. A one-day workshop will then bring stakeholders together in order to co-produce a draft model for deliberative copyright consultations. Our emphasis on co-production will ensure that the model will be jointly owned by all participants and provides a basis for developing a sustainable, realistic and more legitimate approach to copyright policymaking. The model and report will then be introduced to policymakers and consultation leaders at a training event for consultation planning. Stakeholders will join the researchers to present the model, talk about their experience during the project, and discuss the model's advantages and limitations. All the project outputs will be open access, made available via our project webpage for our stakeholders and other interested groups to reference and draw upon in future consultations.

Planned Impact

The beneficiaries of the project are:
- Organisational stakeholders and members of the public, who will benefit from increased access and/or better input into policy making via deliberative consultation in future.
- UK-based policy makers and consultation leaders employed at the IPO and Ofcom, who can apply the model to improve future consultations, increasing the accessibility and legitimacy of these exercises.
- The wider international copyright policy making community, who have been engaged in or led public consultation but face challenges of legitimacy and inclusivity. Improved deliberation in policy consultations in contested fields remains a high priority for global regulators, and our expectation is that the project outputs will lead to international discussion about ways to improve consultation, using the deliberative approach we develop.
- Scholars working in the area of copyright policy and deliberative democracy, who will be able to draw on the methods, findings and outputs of the research to enhance their work

Direct impact will be accomplished primarily through the collaboration activities built into the proposed follow-on work: dialogic discussions with a wide range of stakeholders; a deliberative workshop focused on improving copyright consultation processes; the production of a working model of engagement that can be used in forthcoming consultation initiatives; and a training event to disseminate the model. Indirect impact will be achieved primarily through a project website containing all the project outputs and making the model available to stakeholders, using accessible technologies and a range of different formats to ensure all stakeholders can access the outputs. It will be a hub for dissemination, enabling us to easily circulate the outputs across our networks. To ensure that stakeholders are aware of and visit the website, we will distribute the link and model directly to beneficiaries via our collaborators' UK and international networks as well as via social media, extending their impact at both national and EU level. Already committed stakeholders include EU-level organisations (COMMUNIA, Media and Learning Conference) whose members are from countries across the region and who will be a valuable resource for disseminating the guidelines and model to relevant EU-based organisations. Other stakeholders (e.g. PACT, MMF, AIP), are connected to international organisations and will also be able to disseminate the model to relevant international audiences. The project team's own existing networks include policymakers in Brussels and the USA, who will be included in the stakeholders to whom we disseminate the outputs. We will follow up with them through our regular contact via other ongoing research projects and through policy conferences (e.g. the European Policy and IP (EPIP) conference, which draws an academic and practitioner audience). We will track dissemination of outputs carefully as they are publicised and deployed (e.g. by tracking where the link to our website appears on stakeholder websites, following social media activity, keeping track of consultations).

In summary, the impact from the project will be as follows:
1. Direct dialogue, providing stakeholders with a chance to reflect on and share views about copyright policymaking and experiences of public engagement and consultation;
2. Model development, offering stakeholders a voice in how consultation should be conducted and a chance to participate in the development of new models of consultation in such a way that they are able to engage with others in a respectful and reflexive way;
3. Model distribution, supplying a ready-to-use resource that can improve consultation processes and support a more robust and inclusive approach to policymaking. When implemented, this will give the public a meaningful ability to engage in copyright and other areas of media policy and regulation;
4. 2 conference papers and one academic article.
 
Description In the project Improving Deliberation, Improving Copyright we collaborated with copyright stakeholders, other media stakeholders, and members of the public to develop a new approach to consultations that would complement existing government guidelines but also address some of the limitations of copyright consultations in practice.
The project was structured according to the normative ideal of deliberation, prioritising "mutual communication that involves weighing and reflecting on preferences, values, and interests regarding matters of common concern" (Bächtiger, Dryzek, Mansbridge, & Warren, 2018, p. 2). The deliberative principles of inclusivity, equity and mutual respect guided how we worked with participants and facilitated their interactions with each other during the project.
The key findings of the project are:
1. The participants in this study argued that consultations designed to take into account the uneven resources, knowledge and expertise that characterise the context of copyright could better address the difficulties associated with copyright debates, and enhance the legitimacy of policy outcomes. This means that consultation design should address the power dynamics that shape the copyright debate, and the different resources available to stakeholders, both of which affect their opportunities to participate in consultations.
2. Participants adopted a systemic perspective of consultations, treating them as an overall system of connected methods (Mansbridge et al. 2012) where the quality of the consultation depends on whether it contains the right combination of methods, and whether the links between different methods can be improved to achieve better outcomes.
3. The participants also adopted a stakeholder-centric approach in their discussions, focused on the needs and perspectives of the different stakeholders involved, rather than those of the institution leading the consultation.
The participants identified two purposes and four principles for conducting consultations:
• an epistemic purpose (to develop knowledge that will improve policy);
• a democratic purpose (to enable stakeholders to contribute to policy and improve the accountability of policy decisions).
The principles are:
inclusive (equal access and participatory parity among stakeholders);
well-informed (robust, wide-ranging evidence; mutual understanding among stakeholders);
influence (a fair balance or compromise between different stakeholder interests; ensuring that all stakeholders' interests and values are reflected in policy outcomes);
accountable (transparency in key areas; adequate justification of processes, decisions and outcomes).
Based on these findings, we make four general recommendations to guide decision-making when implementing consultations:
1 Design consultations as a system using the principles (inclusive, well-informed, influence, accountable) as benchmarks for assessing the value and effectiveness of each part of the process.
2 Prioritise novel solutions that can address multiple challenges, because these will enhance the overall quality, efficiency and effectiveness of the consultation.
3 Use a mix of solutions that minimise tensions. Where tensions between principles and/or outcomes seem unavoidable as a result of a particular combination of solutions, then context-specific solutions for reducing them should be explored.
4 Explain and justify decisions about the design and implementation of consultations in light of the principles and challenges identified here. When
decisions are controversial, deliberation about the principles to apply in relevant situations can help provide an agreed basis for decision-making.
Exploitation Route The model of purposes and principles that we developed with our participants has wide applicability. Public consultations are a standard tool for public engagement by many government departments. We hope to find ways to further discuss our ideas with other departments, and have tried to connect with the Local Government department about this, but it is very difficult to get uptake at this time. We continue to pursue this. We also believe that corporations trying to develop their stakeholder engagement activities would find the framework useful, and we hope to communicate the model more widely to this kind of audience. Finally, we have extended our work within Ofcom, based on the project, to encompass a supplementary deliberative event on public engagement with public service media, and hope to continue to develop this relationship over time.
Sectors Communities and Social Services/Policy,Creative Economy,Digital/Communication/Information Technologies (including Software),Environment,Healthcare,Government, Democracy and Justice

URL https://www.lse.ac.uk/media-and-communications/research/research-projects/improving-deliberation-improving-copyright
 
Description The findings of the project have been delivered to the IPO, the organisation responsible for leading on copyright consultations, and to Ofcom, our other supporting organisation. On the basis of their involvement, Ofcom asked us to deliver a supplementary project, the results of which are published in their consultation on public service broadcasting, Small Screen Big Debate. We have also used the findings in a presentation to the German public service media sector as a way of framing their public consultation for the restructuring of the German public service media provision. The PI has also applied the principles from the model to a current stakeholder consultation with stakeholders in the media literacy sector in the UK, funded by DSIT.
First Year Of Impact 2020
Sector Digital/Communication/Information Technologies (including Software),Government, Democracy and Justice
Impact Types Policy & public services

 
Description Inclusion of research in Ofcom Small Screen Big Debate consultation
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
URL https://www.smallscreenbigdebate.co.uk/research
 
Description Ofcom Rapid Evidence Analysis on Diversity in Public Service Broadcasting
Amount £23,235 (GBP)
Organisation Ofcom 
Sector Charity/Non Profit
Country United Kingdom
Start 11/2020 
End 03/2021
 
Description Intellectual Property Office - Consultation guidelines 
Organisation Intellectual Property Office (IPO)
Country United Kingdom 
Sector Public 
PI Contribution We designed the project, setting up the interviews and workshop and developing the model for better copyright consultations.
Collaborator Contribution The IPO supported the project, working with us on our advisory board, participating in interviews and in the workshop and providing feedback on the draft of the consultation model. At the end of the collaboration, we presented the consultation model to the IPO staff (June 2020). We plan to pursue further collaboration in 2021, and to follow up as to whether the guidelines have been implemented.
Impact The consultation guidelines were delivered as part of this collaboration.
Start Year 2019
 
Description Ofcom Public Service Broadcasting consultation 
Organisation Ofcom
Country United Kingdom 
Sector Charity/Non Profit 
PI Contribution We delivered a set of deliberative events for Ofcom; this was a result of Ofcom's involvement with the original research project, as a key collaborator. The opportunity came as a result of our contact at Ofcom passing on the report and allowing us to present to a wider set of Ofcom stakeholders, which then resulted in the opportunity to develop this event as part of the original project.
Collaborator Contribution Ofcom allowed us to run the event and deliver the results as part of the research they were doing to underpin the public service broadcasting consultation they published in December 2020.
Impact Report of the outcomes: 'Debating the future of public service broadcasting'
Start Year 2020
 
Description CREATe Public Lecture: Reflecting on the public voice in copyright consultations 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Industry/Business
Results and Impact We were invited to deliver a public lecture for CREATe, drawing on our insights from this and previous projects. The audience was from the UK and Europe and included third sector organisations as well as policymakers, and industry players. Our presentation was followed by a panel discussion.
Year(s) Of Engagement Activity 2020
URL https://www.create.ac.uk/blog/2020/12/03/create-public-lecture-on-youtube-reflecting-on-the-public-v...
 
Description CREATe Workshop - Autumn series - Improving Deliberation, Improving Copyright 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Postgraduate students
Results and Impact In this workshop we presented the first results from the interview stage of our project and discussed them with academics and Doctoral students from the CREATe centre at the University of Glasgow.
Year(s) Of Engagement Activity 2019
 
Description IMCP conference presentation on public engagement with public service media policy 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Conference about the direction of German public service media policy, and we were invited to discuss how consultation and public participation can be achieved. We are also going to write an article based on the presentation. In both outputs, we draw on the findings of the AHRC study.
Year(s) Of Engagement Activity 2023
 
Description Improving deliberation, improving copyright: Can deliberation work in complex contexts? 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact This was a blog written for the Media@LSE blog service, which built on the first findings from the first six months of the project.
Year(s) Of Engagement Activity 2020
URL https://blogs.lse.ac.uk/medialse/2020/02/11/improving-deliberation-improving-copyright-can-deliberat...
 
Description LSE Research Dialogue: Improving Deliberation, Improving Copyright 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact This was an internal research presentation of the emergent model we were developing from the project, to LSE-based academics and doctoral students.
Year(s) Of Engagement Activity 2020
 
Description Project website 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact This is the project website, where all the information about the project was described and findings entered up as the project unfolded. It was a point of reference for all participants s well as for our collaborating organisations.
Year(s) Of Engagement Activity 2020
URL https://www.lse.ac.uk/media-and-communications/research/research-projects/improving-deliberation-and...
 
Description Public service media: The public perspective 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact This was the mini-project website for the Ofcom Citizens assembly event, run at the end of the main project. The site gives all the background information for the study and also provides links to the outcomes.
Year(s) Of Engagement Activity 2020
URL https://www.lse.ac.uk/media-and-communications/research/research-projects/improving-deliberation-and...
 
Description Small Screen Big Debate - Research 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact The research we conducted on the public's view of the future of public service broadcasting was included as part of Ofcom's central hub for the major consultation they are conducting.
Year(s) Of Engagement Activity 2020
URL https://www.smallscreenbigdebate.co.uk/research
 
Description Stakeholder Workshop - Improving Deliberation, Improving Copyright 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact This workshop was designed to have stakeholders in the project contribute to the development of a model for improved copyright consultations. Discussions were held across mixed groups of stakeholders, and the model that was designed was subsequently shared among stakeholders for their feedback, which was then incorporated into the final version.
Year(s) Of Engagement Activity 2020
URL https://www.lse.ac.uk/media-and-communications/research/research-projects/improving-deliberation-and...
 
Description Stakeholder consultation on cross cultural challenges to media literacy 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact This is a project funded by DCMS (now DSIT) where I have applied the consultation principles to a consultation with stakeholders about the challenges faced by the media literacy sector in the UK.
Year(s) Of Engagement Activity 2022,2023
 
Description The Future of Public Service media: A citizens' assembly 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact This was the citizens' assembly held to establish the public perspective on the future of public service media. It involved 48 members of the public and 4-6 attendees from Ofcom, as well as the researchers, engaging in dialogue about public service media and doing individual Q-sorts, during four consecutive online events. The event led to a series of recommendations about the future of public service broadcasting in the UK and the research report was incorporated into the 'Small Screen, Big Debate' consultation information.
Year(s) Of Engagement Activity 2020
URL https://www.lse.ac.uk/media-and-communications/research/research-projects/improving-deliberation-and...