Comparative institutional analysis (CIA) is the approach used for the policy report. This section will provide a justification for the use of this framework. It will also demonstrate how it offers a fresh approach to the consideration of copyright protection. There are several rationales behind this choice. CIA highlights the interdependencies and networks across institutions, unlike other policy analysis tools such as Cost-Benefit Analysis.[1] Because institutions interact with individuals, this framework enables a broader approach to considering policy problems with a focus on the individuals it will affect. Its interdisciplinary nature allows flexibility in analysis, without renouncing economic reasoning.[2]
There are two main processes of CIA.
- First is a detailed analysis of the institutional structure.
- The second involves an international comparison.[3]
For this report, NZ institutions relating to copyright will be examined. The international comparison chosen is the role of the U.S. Copyright Office, and how it guides copyright policy in the U.S. It is acknowledged in the report that there are significant differences between the U.S. and NZ on a political and legal level. However, it should be noted that in the quest for a unique NZ policy on copyright, policy makers and legal experts in the field have already started looking abroad to the U.S. and Australian models. The United Kingdom (UK) model may appear to be a more natural choice to gravitate toward due to the legal systems in place. UK copyright policy is mature and already provides the foundation of NZ copyright law. To consider the development of a new direction, NZ policy makers wanted to develop a system that considered several approaches. This open perspective makes it more likely that NZ policy will develop according to global trends and at the same time address the local situation.
Two methods of measurement can be used within the framework to provide a meaningful comparison.
- The first is a commonly agreed measuring tool to compare the two situations relative to their welfare effects.[4]
- The second is the development of a hypothesis in the form of ‘institutional change of type x will lead to an improvement in welfare of amount y’.
For this study, the second method of measurement will be employed. The primary data used from the U.S. copyright policy is the most recent strategic plan for the U.S. Copyright Office. Contextual analysis is essential to the validity of the data. This is considered at length in the findings and analysis section. This is of equal importance to the study of the quantitative data.
[1] Unknown. “The Relevance of Comparative Institutional Analysis (CIA).” http://www.decon.unipd.it/assets/pdf/dp/0016.pdf, p. 1.
[2] Ibid,, 1.
[3] Ibid., 2.
[4] Ibid.,3.