Professional Documents
Culture Documents
Piracy
Churning Numbers
Korean Film Council - online pirated film
market worth $742.7 million annually,
calculated at the rates of legal usage fees.
MPAA - $6.1 billion annually
Microsoft, Adobe - $13.5 billion to software
pirates in Europe, $58.8 billion globally.
50 Shades of Piracy
Resolution?
Legal Issues
I. Promotion of free speech v.
restrictions
Art. 10, ECHR freedom of expression
(freedom to impart information v. protection
of authors rights)
Art. 19, ICCPR freedom of expression
(same as above)
Art. 27, UDHR freedom to enjoy creativity
of others (enjoy the arts v. protection of
authors material interests)
Freedom of Expression v.
Copyright
Universal Studios, Inc. v. Corley amendments to the U.S. copyright law in the
DMCA unconstitutionally eliminated fair use.
Fair use allows copyright to be infringed in
certain circumstances. E.g. parody
fair use has never been held to be a guarantee
of access to copyrighted material in order to copy
it by the fair users preferred technique or in the
format of the original...
The Intermediaries
Argument
MGM v. Grokster
One infringes contributorily by intentionally
encouraging direct infringement, and infringes
vicariously by profiting from direct infringement while
declining to stop it.
Lawful uses immaterial
Three criteria:
(1) the defendant promoted the infringement-enabling
virtues of its device;
(2) the defendant failed to filter out infringing uses;
and
(3) defendants business plan depended on a high
volume of infringement.
Data is incorrectly calculated Would the college student watching the pirated movie download
have otherwise seen the movie in the theater, subscribed to Netflix
or bought the DVD? Would the person buying a pirated DVD at a
Chinese market actually have bought the genuine article
otherwise? The answers to such questions are hard to determine.
But it does seem fair to assume that not every pirated copy of an
audiovisual work represents lost revenue to the content producer.
Michael Geist
i. Librarians, people focused on digital issues, etc. will buy the book
regardless of whether it is freely available online.
ii. Might have purchased the book, but dont because there is a free
version available. Financial loss.
iii. Would not have purchased the book or even been aware of it, but
find it through open access. Likes, buys the book. If group three is
larger than group two, the publisher ends up ahead.
iv. Would not buy the book but choose to download it never have
been purchasers.
Solutions
Restrictive
i. Catch the perpetrators directly. Strict ISP
action
ii. Cut funding
iii. Uniform international policy
Liberal
i. New revenue model; Content ID
Monetize, distribute revenue