Exploring Copyright, Music Piracy and Cultural Industries

8/2/2019 Exploring Copyright, Music Piracy and Cultural Industries

1/11

Exploring Copyright,

Music Piracyand Cultural

Industries

Erose Sthapit

Intellectual Property Rights in Media and Cultural Industries - (OLAW0604)


2/11

Intellectual Property (IP)

Creations of the mind: inventions, literary and artistic works, and symbols,

names, images, and designs used in commerce

Ownership, potential economic gain, powerful incentive to innovate

Divided into two categories - Industrial property and Copyright

Europe and North America leading in global arena

Asia and Africa, responding in steps emphasizing IP


3/11

Violation of IPR - Music Piracy

Form of copyright infringement, crime in many countries

Worst types of intellectual property crimes

Negative impact - user, provider and artists Disastrous results - local cultural industries, creativity, economic development

Music, strength, protection through copyright & related rights

Non-physical, negligible marginal cost of reproduction and digitally delivered

Internet and digital technologies - online downloading, sharing of digital music

and counterfeiting


4/11

Historical and present context

Cassette tapes and home recording devices (1970s)

1976, Universal Studios and Walt Disney Productions sued Sony Corporation for

the home recorder; 8 years later, legal to record entertainment on a recorder

(struggle over music piracy)

1999, Napster, first peer-to-peer service (P2P), 87% music traded copyrighted

Began to take over, followed by Kazaa, Morpheus

2002, P2P service registered 100 million users Government crack down on these programs

In todays world, high speed internet, wireless networks and P2P file sharing

challenge the global music market


5/11

Economic Impact

31 countries, larger pirated music markets than commercial

Brazil, China, India, Indonesia, Mexico, Pakistan, Paraguay, Russia, Spain, and

Ukraine - unacceptable levels of music piracy

2003, Pakistan (84% of music sold is pirated), produced 230 million copies of

both CDs and DVDs. 25 million copies sold within the country, remaining 205

million copies sold throughout the world

2003, piracy, 120,000 job losses in the US and 100,000 in the EU Global music industry, from $40 billion to $32 billion, 2 years: 2000 to 2002

2003, international authorities seized 56 million fake units of music


6/11

Local cultural industries perspective

Activities, goods and services within the cultural sector that carry cultural

content and symbolic meaning

Radio & television broadcasting, film production, book & periodical publishing,

video & sound recording, theatre & musical performance etc. Developing countries, production of counterfeited products and lack of

government intervention

Discourages manufacturers of legitimate goods from establishing facilities

Loss of FDI, technology transfer and foreign know-how

Local creators, inventors, and SMEs discouraged by illegal counterfeiting

Prevents future growth, the very spirit and energy are at stake


7/11

Social Impacts

Mostly affect the artists, creators, andentrepreneurs

Products of local musicians, music groups,

record companies, and distributors, pushedout of the market by the counterfeit copies

Low price

No artwork, lyrics, or printed material which

accompany legitimate copies No guarantee as to quality

Affects national efforts to promote localculture and identity


8/11

Recent legal practices & strategies (legal)

Collaboration

International recording industry with MasterCard, Visa, London Police

Legal action

Identify infringing websites Prevent them from being granted card payment facilities

Hadopi graduated response law

Decline in P2P levels, 26% in France, 2 million P2P users stooped the activity US, ISP graduated response programme being implemented with major ISPs

New Zealand, graduated response law implemented 2011, indications of impact

Italy and Belgium, decline in visits to infringing sites by 70-80%

Spain, a new law introduced to block illegal websites


9/11

Challenges (Social Science Research Council)

Music piracy, rampant - Brazil, India, Russia, South Africa, Mexico and Bolivia

High prices for media goods, low incomes, cheap digital technologies

Retail price of a CD or DVD, 5 to 10 times higher than in the US or Europe

Tiny and underdeveloped legal media markets, low prices

Domestic companies compete for local audiences, consumers

Failure of antipiracy education, part of daily media practices

Industry lobbies successful at changing laws, unsuccessful implementation

Music pirates, transnational smugglers & legal industry competing with free

Argues that efforts to enforce copyright law have largely failed


10/11

Conclusion

Much higher in developing states

Mass production of counterfeit products, lack of government intervention

Competing with a market that can provide their products for free Taking control of the internet vs. right to information

Need to embrace the price competition

Socially unacceptable, legal - graduated response, influence consumer habits

Collaboration of government authorities and different business sectors

Piracy led cultural destruction - part of the problem, ways to bring about a

change in the consumer behavior need to be taken into consideration


11/11

A lot of people think its sillyto pay for music,

when it's so easy to get it for free11

Documents

Exploring Copyright, Music Piracy and Cultural Industries