Copyright infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet have led to such widespread, anonymous infringement that copyright-dependent industries now focus less on pursuing individuals who seek and share copyright-protected content online,[citation needed] and more on expanding copyright law to recognize and penalize, as indirect infringers, the service providers and software distributors who are said to facilitate and encourage individual acts of infringement by others.
Estimates of the actual economic impact of copyright infringement vary widely and depend on other factors. Nevertheless, copyright holders, industry representatives, and legislators have long characterized copyright infringement as piracy or theft – language which some U.S. courts now regard as pejorative or otherwise contentious.[1][2][3]
Terminology
The terms piracy and theft are often associated with copyright infringement.[4][5] The original meaning of piracy is "robbery or illegal violence at sea",[6] but the term has been in use for centuries as a synonym for acts of copyright infringement.[7] Theft, meanwhile, emphasizes the potential commercial harm of infringement to copyright holders. However, copyright is a type of intellectual property, an area of law distinct from that which covers robbery or theft, offenses related only to tangible property. Not all copyright infringement results in commercial loss, and the U.S. Supreme Court ruled in 1985 that infringement does not easily equate with theft.[1]
This was taken further in the case MPAA v. Hotfile, where Judge Kathleen M. Williams granted a motion to deny the MPAA the usage of words whose appearance was primarily "pejorative". This list included the word "piracy", the use of which, the motion by the defense stated, serves no court purpose but to misguide and inflame the jury.[2][8]
"Piracy"
The term "piracy" has been used to refer to the unauthorized copying, distribution and selling of works in copyright.[7] In 1668 publisher John Hancock wrote of "some dishonest Booksellers, called Land-Pirats, who make it their practise to steal Impressions of other mens Copies" in the work A String of Pearls: or, The Best Things Reserved till Last by Thomas Brooks.[9] Over time the metaphor mostly used in the book-trade became more common, such that the use of the word 'pirate' itself to describe unauthorized publishing of books was attested to in Nathan Bailey's 1736 dictionary An Universal Etymological English Dictionary:
'One who lives by pillage and robbing on the sea. Also a plagiary'[10]
The practice of labeling the infringement of exclusive rights in creative works as "piracy" predates statutory copyright law. Prior to the
Richard Stallman and the GNU Project have criticized the use of the word "piracy" in these situations, saying that publishers use the word to refer to "copying they don't approve of" and that "they [publishers] imply that it is ethically equivalent to attacking ships on the high seas, kidnapping and murdering the people on them."[12]
"Theft"
Copyright holders frequently refer to copyright infringement as theft, "although such misuse has been rejected by legislatures and courts".[13] The slogan "Piracy is theft" was used beginning in the 1980s, and is still being used.[14][15] In copyright law, infringement does not refer to theft of physical objects that take away the owner's possession, but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization.[16] Courts have distinguished between copyright infringement and theft.[13] For instance, the United States Supreme Court held in Dowling v. United States (1985) that bootleg phonorecords did not constitute stolen property. Instead,
interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: '[...] an infringer of the copyright.'
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights held.[1]
"Freebooting"
The term "freebooting" has been used to describe the unauthorized copying of online media, particularly videos, onto websites such as
Motivation
Some of the motives for engaging in copyright infringement are the following:[20]
- Pricing – unwillingness or inability to pay the price requested by the legitimate sellers
- Testing and evaluation – try before paying for what may be bad value
- Unavailability – no legitimate sellers providing the product in the language or country of the end-user: not yet launched there, already withdrawn from sales, never to be sold there, geographical restrictions on online distributionand international shipping
- Usefulness – the legitimate product comes with various means (Blu-ray region code) of restricting legitimate use (backups, usage on devices of different vendors, offline usage) or comes with non-skippable advertisements and anti-piracy disclaimers, which are removed in the unauthorized product, making it more desirable for the end-user
- Shopping experience – no legitimate sellers providing the product with the required quality through online distributionand through a shopping system with the required level of user-friendliness
- Anonymity – downloading works does not require identification whereas downloads directly from the website of the copyright owner often require a valid email address and/or other credentials
- Freedom of information – opposition to copyright law in general
Sometimes only partial compliance with license agreements is the cause. For example, in 2013, the
Cara Cusumano, director of the
I think that if companies were willing to put that material out there, moving forward, consumers will follow. It's just that [consumers] want to consume films online and they're ready to consume films that way and we're not necessarily offering them in that way. So it's the distribution models that need to catch up. People will pay for the content.[4]
In response to Cusumano's perspective, Screen Producers Australia executive director Matt Deaner clarified the motivation of the film industry: "Distributors are usually wanting to encourage cinema-going as part of this process [of monetizing through returns] and restrict the immediate access to online so as to encourage the maximum number of people to go to the cinema." Deaner further explained the matter in terms of the Australian film industry, stating: "there are currently restrictions on quantities of tax support that a film can receive unless the film has a traditional cinema release."[4]
In a study published in the Journal of Behavioural and Experimental Economics, and reported on in early May 2014, researchers from the University of Portsmouth in the UK discussed findings from examining the illegal downloading behavior of 6,000 Finnish people, aged seven to 84. The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios.[24]
In a public talk between
Although about three million computers get sold every year in China, people don't pay for the software. Someday they will, though. And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade.[25]
Developing world
In Media Piracy in Emerging Economies, the first independent comparative study of media piracy focused on Brazil, India, Russia, South Africa, Mexico, Turkey and Bolivia, "high prices for media goods, low incomes, and cheap digital technologies" are the chief factors that lead to the global spread of media piracy, especially in emerging markets.[26] According to the study, even though digital piracy inflicts additional costs on the production side of media, it also offers the main access to media goods in developing countries. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcement's toward digital piracy.[26]
In China as of 2013, the issue of digital infringement has not merely been legal, but social – originating from the high demand for cheap and affordable goods as well as the governmental connections of the businesses which produce such goods.[27]
Motivations due to censorship
There have been instances where a country's government bans a movie, resulting in the spread of copied videos and DVDs.
Existing and proposed laws
Civil law
Copyright infringement in civil law is any violation of the exclusive rights of the owner. In U.S. law, those rights include reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display.[33]
In the U.S., copyright infringement is sometimes confronted via
In the United States, copyright term has been extended many times over
Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries enable
In some jurisdictions, copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work. When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a "copyright troll". Such practices have had mixed results in the U.S.[37]
Criminal law
Punishment of copyright infringement varies case-by-case across countries. Convictions may include jail time and/or severe fines for each instance of copyright infringement. In the United States, willful copyright infringement carries a maximum fine of $150,000 per instance.[38]
Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries establish
The first criminal provision in
The ACTA trade agreement, signed in May 2011 by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement.[29][40][41]
The United States
Proposed laws such as the
Non-commercial file sharing
Legality of downloading
To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use. Examples include Canada[43] and European Union (EU) member states like Poland.[44]
The personal copying exemption in the copyright law of EU member states stems from the
In some countries, the personal copying exemption explicitly requires that the content being copied be obtained legitimately – i.e., from authorized sources, not file-sharing networks. In April 2014, the Court of Justice of the European Union ruled that "national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated."[45]
Legality of uploading
Although downloading or other private copying is sometimes permitted, public distribution – by uploading or otherwise offering to share copyright-protected content – remains illegal in most, if not all, countries. For example, in Canada, even though it was once legal to download any copyrighted file as long as it was for noncommercial use, it was still illegal to distribute the copyrighted files (e.g. by uploading them to a
Relaxed penalties
Some countries, like Canada and Germany, have limited the penalties for non-commercial copyright infringement. For example, Germany has passed a bill to limit the fine for individuals accused of sharing movies and series to €800–900. Canada's Copyright Modernization Act claims that statutory damages for non-commercial copyright infringement are capped at C$5,000 but this only applies to copies that have been made without the breaking of any "digital lock." However, this only applies to "bootleg distribution" and not non-commercial use.[47]
DMCA and anti-circumvention laws
Title I of the U.S.
Online intermediary liability
Whether Internet intermediaries are liable for copyright infringement by their users is a subject of debate and court cases in a number of countries.[52]
Definition of intermediary
Internet intermediaries were formerly understood to be
In addition, intermediaries are now also generally understood to include
Litigation and legislation concerning intermediaries
Early court cases focused on the liability of
The debate has shifted away from questions about liability for specific content, including that which may infringe copyright, towards whether online intermediaries should be generally responsible for content accessible through their services or infrastructure.[55]
The U.S.
Peer-to-peer issues
These types of intermediaries do not host or transmit infringing content, themselves, but may be regarded in some courts as encouraging, enabling or facilitating infringement by users. These intermediaries may include the author, publishers, and marketers of
Since the late 1990s, copyright holders have taken legal actions against a number of peer-to-peer intermediaries, such as pir,
Nevertheless, whether and to what degree any of these types of intermediaries have secondary liability is the subject of ongoing litigation. The decentralised structure of
Limitations
Copyright law does not grant authors and publishers absolute control over the use of their work. Only certain types of works and kinds of uses are protected;[60] only unauthorized uses of protected works can be said to be infringing.
Non-infringing uses
Article 10 of the Berne Convention mandates that national laws provide for limitations to copyright, so that copyright protection does not extend to certain kinds of uses that fall under what the treaty calls "fair practice", including but not limited to minimal quotations used in journalism and education.[61] The laws implementing these limitations and exceptions for uses that would otherwise be infringing broadly fall into the categories of either fair use or fair dealing. In common law systems, these fair practice statutes typically enshrine principles underlying many earlier judicial precedents, and are considered essential to freedom of speech.[62]
Another example is the practice of
In Europe, the copyright infringement case Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd had two prongs; one concerned whether a news aggregator service infringed the copyright of the news generators; the other concerned whether the temporary web cache created by the web browser of a consumer of the aggregator's service, also infringed the copyright of the news generators.[64] The first prong was decided in favor of the news generators; in June 2014 the second prong was decided by the Court of Justice of the European Union (CJEU), which ruled that the temporary web cache of consumers of the aggregator did not infringe the copyright of the news generators.[64][65][66]
Non-infringing types of works
In order to qualify for protection, a work must be an expression with a degree of originality, and it must be in a fixed medium, such as written down on paper or recorded digitally.[67][68] The idea itself is not protected. That is, a copy of someone else's original idea is not infringing unless it copies that person's unique, tangible expression of the idea. Some of these limitations, especially regarding what qualifies as original, are embodied only in case law (judicial precedent), rather than in statutes.
In the U.S., for example, copyright case law contains a substantial similarity requirement to determine whether the work was copied. Likewise, courts may require computer software to pass an Abstraction-Filtration-Comparison test (AFC Test)[69][70] to determine if it is too abstract to qualify for protection, or too dissimilar to an original work to be considered infringing. Software-related case law has also clarified that the amount of R&D, effort and expense put into a work's creation does not affect copyright protection.[71]
Evaluation of alleged copyright infringement in a court of law may be substantial; the time and costs required to apply these tests vary based on the size and complexity of the copyrighted material. Furthermore, there is no standard or universally accepted test; some courts have rejected the AFC Test, for example, in favor of narrower criteria.
Preventive measures
The BSA outlined four strategies that governments can adopt to reduce software piracy rates in its 2011 piracy study results:
- "Increase public education and raise awareness about software piracy and IP rights in cooperation with industry and law enforcement."
- "Modernize protections for software and other copyrighted materials to keep pace with new innovations such as cloud computing and the proliferation of networked mobile devices."
- "Strengthen enforcement of IP laws with dedicated resources, including specialized enforcement units, training for law enforcement and judiciary officials, improved cross-border cooperation among law enforcement agencies, and fulfillment of obligations under the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)."
- "Lead by example by using only fully licensed software, implementing software asset management (SAM) programs, and promoting the use of legal software in state-owned enterprises, and among all contractors and suppliers."[72]
Legal
Corporations and legislatures take different types of preventive measures to deter copyright infringement, with much of the focus since the early 1990s being on preventing or reducing digital methods of infringement. Strategies include education, civil and criminal legislation, and international agreements,[73] as well as publicizing anti-piracy litigation successes and imposing forms of digital media copy protection, such as controversial DRM technology and anti-circumvention laws, which limit the amount of control consumers have over the use of products and content they have purchased.
Legislatures have reduced infringement by narrowing the scope of what is considered infringing. Aside from upholding international copyright treaty obligations to provide general limitations and exceptions,[61] nations have enacted compulsory licensing laws applying specifically to digital works and uses. For example, in the U.S., the DMCA, an implementation of the 1996 WIPO Copyright Treaty, considers digital transmissions of audio recordings to be licensed as long as a designated copyright collective's royalty and reporting requirements are met.[74] The DMCA also provides safe harbor for digital service providers whose users are suspected of copyright infringement, thus reducing the likelihood that the providers themselves will be considered directly infringing.[75]
Some copyright owners voluntarily reduce the scope of what is considered infringement by employing relatively permissive, "open" licensing strategies: rather than privately negotiating license terms with individual users who must first seek out the copyright owner and ask for permission, the copyright owner publishes and distributes the work with a prepared license that anyone can use, as long as they adhere to certain conditions. This has the effect of reducing infringement – and the burden on courts – by simply permitting certain types of uses under terms that the copyright owner considers reasonable. Examples include
Protected distribution
To maximize revenue, pre-COVID-19
Watermarking
Economic impact of copyright infringement
Organizations disagree on the scope and magnitude of copyright infringement's
The European Commission funded a study[80] to analyze "the extent to which unauthorised online consumption of copyrighted materials (music, audiovisual, books and video games) displaces sales of online and offline legal content", across Germany, the United Kingdom, Spain, France, Poland and Sweden; the public funding behind the study provided a necessary basis for its neutrality.[81] 30,000 users, including minors between 14 and 17 years, were surveyed among September and October 2014. While a negative impact was found for the film industry, videogame sales were positively affected by illegal consumption, possibly due to "the industry being successful in converting illegal users to paying users" and employing player-oriented strategies (for example, by providing additional bonus levels or items in the gameplay for a fee); finally, no evidence was found for any claims of sales displacement in the other market sectors. According to the European Digital Rights association, the study may have been censored: specifically, as of 2018, the European Commission has not published the results, except in the part where the film industry was found to be adversely affected by illegal content consumption. Access to the study was requested and obtained by Member of the European Parliament Felix Reda.[82][83]
In relation to computer software, the
Following consultation with experts on copyright infringement, the United States Government Accountability Office (GAO) clarified in 2010 that "estimating the economic impact of IP [intellectual property] infringements is extremely difficult, and assumptions must be used due to the absence of data", while "it is difficult, if not impossible, to quantify the net effect of counterfeiting and piracy on the economy as a whole."[84]
The U.S. GAO's 2010 findings regarding the great difficulty of accurately gauging the economic impact of copyright infringement was reinforced within the same report by the body's research into three commonly cited estimates that had previously been provided to U.S. agencies. The GAO report explained that the sources – a Federal Bureau of Investigation (FBI) estimate, a Customs and Border Protection (CBP) press release and a Motor and Equipment Manufacturers Association estimate – "cannot be substantiated or traced back to an underlying data source or methodology."[84]
Deaner explained the importance of rewarding the "investment risk" taken by motion picture studios in 2014:
Usually, movies are hot because a distributor has spent hundreds of thousands of dollars promoting the product in print and TV and other forms of advertising. The major Hollywood studios spend millions on this process with marketing costs rivaling the costs of production. They are attempting then to monetise through returns that can justify the investment in both the costs of promotion and production.[4]
Motion picture industry estimates
In 2008, the Motion Picture Association of America (MPAA) reported that its six major member companies lost US$6.1 billion to piracy.[85] A 2009 Los Angeles Daily News article then cited a loss figure of "roughly $20 billion a year" for Hollywood studios.[86] According to a 2013 article in The Wall Street Journal, industry estimates in the United States range between $6.1B to $18.5B per year.[87]
In an early May 2014 article in The Guardian, an annual loss figure of US$20.5 billion was cited for the movie industry. The article's basis is the results of a University of Portsmouth study that only involved Finnish participants, aged between seven and 84. The researchers, who worked with 6,000 participants, stated: "Movie pirates are also more likely to cut down their piracy if they feel they are harming the industry compared with people who illegally download music".[24]
However, a study conducted on data from sixteen countries between 2005 and 2013, many of which had enacted anti-piracy measures to increase box office revenues of movies, found no significant increases in any markets attributable to policy interventions, which calls into doubt the claimed negative economic effects of digital piracy on the film industry.[88]
Software industry estimates
According to a 2007
In its 2011 report, conducted in partnership with IDC and Ipsos Public Affairs, the BSA stated: "Over half of the world's personal computer users – 57 percent – admit to pirating software." The ninth annual "BSA Global Software Piracy Study" claims that the "commercial value of this shadow market of pirated software" was worth US$63.4 billion in 2011, with the highest commercial value of pirated PC software existent in the U.S. during that time period (US$9,773,000). According to the 2011 study, Zimbabwe was the nation with the highest piracy rate, at 92%, while the lowest piracy rate was present in the U.S., at 19%.[72]
The GAO noted in 2010 that the BSA's research up until that year defined "piracy as the difference between total installed software and legitimate software sold, and its scope involved only packaged physical software."[84]
Music industry estimates
In 2007, the Institute for Policy Innovation (IPI) reported that music piracy took $12.5 billion from the U.S. economy. According to the study, musicians and those involved in the recording industry are not the only ones who experience losses attributed to music piracy. Retailers have lost over a billion dollars, while piracy has resulted in 46,000 fewer production-level jobs and almost 25,000 retail jobs. The U.S. government was also reported to suffer from music piracy, losing $422 million in tax revenue.[92]
A 2007 study in the Journal of Political Economy found that the effect of music downloads on legal music sales was "statistically indistinguishable from zero".[93]
A report from 2013, released by the European Commission Joint Research Centre suggests that illegal music downloads have almost no effect on the number of legal music downloads. The study analyzed the behavior of 16,000 European music consumers and found that although music piracy negatively affects offline music sales, illegal music downloads had a positive effect on legal music purchases. Without illegal downloading, legal purchases were about two percent lower.[94]
The study has received criticism, particularly from the International Federation of the Phonographic Industry, which believes the study is flawed and misleading. One argument against the research is that many music consumers only download music illegally. The IFPI also points out that music piracy affects not only online music sales but also multiple facets of the music industry, which is not addressed in the study.[95]
Media industry estimates
In a March 2019 article, The New York Times reported that the Qatar-based beIN Media Group suffered "billions of dollars" of losses, following the unilateral cancellation of an exclusive contract it shared with the Asian Football Confederation (AFC) for the past 10 years. The decision by the AFC to invalidate its license for broadcasting rights to air games in Saudi Arabia came after the kingdom was accused of leading a piracy operation through its television broadcaster, beoutQ, misappropriating sports content owned by beIN Sports since 2017, worth billions of dollars.[96]
In January 2020, the European Commission released a report on protection and enforcement of intellectual property rights in third countries. The report named as many as 13 countries, including Argentina, Brazil, China, Ecuador, India, Indonesia, and Saudi Arabia, the last being included for the first time. The report said piracy is "causing considerable harm to EU businesses" and high economic losses have occurred in Argentina, China, Ecuador and India. It also informed Saudi Arabia has not "taken sufficient steps to stop the infringement" caused via BeoutQ, like other countries have, to minimize the extent of financial and economic loss.[97]
Criticism of industry estimates
Some claims made by industry representatives have been criticized as overestimating the monetary loss caused by copyright infringement. In one example, the RIAA claimed damages against LimeWire totaling $75 trillion – more than the global GDP – with the judge overseeing the case ruling that such claims were "absurd".[98] The $75 trillion figure had been obtained by counting each song downloaded as an infringement of copyright. After the conclusion of the case, LimeWire agreed to pay $105 million to RIAA.[99]
In another decision, US District Court Judge James P. Jones found that the "RIAA's request problematically assumes that every illegal download resulted in a lost sale",[100] indicating profit/loss estimates were likely extremely off.
Critics of industry estimates argue that those who use peer-to-peer sharing services, or practice "piracy" are actually more likely to pay for music. A
Professor Aram Sinnreich, in his book The Piracy Crusade, states that the connection between declining music sales and the creation of peer-to-peer file sharing sites such as Napster is tenuous, based on correlation rather than causation. He argues that the industry at the time was undergoing artificial expansion, what he describes as a "'perfect bubble'—a confluence of economic, political, and technological forces that drove the aggregate value of music sales to unprecedented heights at the end of the twentieth century".
Sinnreich cites multiple causes for the economic bubble, including the CD format replacement cycle; the shift from music specialty stores to wholesale suppliers of music and 'minimum advertised pricing'; and the economic expansion of 1991–2001. He believes that with the introduction of new digital technologies, the bubble burst, and the industry suffered as a result.[102]
Economic impact of infringement in emerging markets
The 2011 Business Software Alliance Piracy Study Standard estimated the total commercial value of illegally copied software to be at $59 billion in 2010, with emerging markets accounting for $31.9 billion, over half of the total. Furthermore, mature markets for the first time received fewer PC shipments than emerging economies in 2010. In addition with software infringement rates of 68 percent comparing to 24 percent of mature markets, emerging markets thus possessed the majority of the global increase in the commercial value of counterfeit software. China continued to have the highest commercial value of such software at $8.9 billion among developing countries and second in the world behind the US at $9.7 billion in 2011.[103][104] In 2011, the Business Software Alliance announced that 83 percent of software deployed on PCs in Africa had been pirated (excluding South Africa).[105]
Some countries distinguish corporate piracy from private use, which is tolerated as a welfare service.[citation needed] This is the leading reason developing countries refuse to accept or respect copyright laws. Traian Băsescu, the president of Romania, stated that "piracy helped the young generation discover computers. It set off the development of the IT industry in Romania."[106]
Pro-free-culture organizations
- Free Software Foundation (FSF)
- Open Source Initiative (OSI)
- Electronic Frontier Foundation (EFF)
- Creative Commons (CC)
- Demand Progress
- Fight for the Future
- Pirate Party
- Plan S, by major funders of scientific research
Anti-copyright-infringement organizations
- Business Software Alliance(BSA)
- Canadian Alliance Against Software Theft (CAAST)
- Entertainment Software Association (ESA)
- Federation Against Copyright Theft (FACT)
- Federation Against Software Theft (FAST)
- International Intellectual Property Alliance (IIPA)
- Copyright Alliance
See also
- Abandonware
- In re Aimster Copyright Litigation
- Copy protection § Anti-piracy
- Australian copyright law
- Cable television piracy
- Center for Copyright Information
- Comparison of anti-plagiarism software
- Computer Associates Int. Inc. v. Altai Inc.
- Copyfraud
- Copyleft
- Copyright aspects of downloading and streaming
- Copyright, Designs and Patents Act 1988
- Copyrighted content on file sharing networks
- Copyright Remedy Clarification Act
- Criminal remedies for copyright infringement
- Elektra Records Co. v. Gem Electronic Distributors, Inc.
- Fair Use
- FBI
- Federation Against Copyright Theft (FACT)
- Intellectual property in China
- Internet Privacy Act
- Jacobsen v. Katzer
- Legal aspects of copyright infringement
- Missionary Church of Kopimism
- Online piracy
- Open Letter to Hobbyists
- Pirated movie release types
- Plagiarism
- Playboy Enterprises, Inc. v. Frena
- Product activation
- Public domain
- Radio music ripping
- Software copyright
- Software cracking
- Trade group efforts against file sharing
- Trans-Pacific Partnership
- Video copy detection
- Video game piracy
- Warez
- Windows Genuine Advantage
- World Anti-Piracy Observatory (WAPO)
References
- ^ a b c Dowling v. United States (1985), 473 U.S. 207, pp. 217–218.
- ^ a b "MPAA Banned From Using Piracy and Theft Terms in Hotfile Trial". 29 November 2013. Archived from the original on 30 November 2013. Retrieved 30 November 2013.
- ^ "MPAA Banned From Using Piracy and Theft Terms in Hotfile Trial". Archived from the original on 3 December 2013. Retrieved 30 November 2013.
- ^ a b c d Matt Eaton (17 April 2014). "Tribeca Film Festival programmer urges film industry to forget piracy and embrace internet". ABC News. Retrieved 21 April 2014.
- ^ Nick Ross (8 April 2014). "Game of Thrones: Another case for piracy". ABC technology+games. ABC. Retrieved 21 April 2014.
- ^ "piracy". Dictionary.com. 2014. Retrieved 21 April 2014.
- ^ a b c Panethiere, Darrell (July–September 2005). "The Persistence of Piracy: The Consequences for Creativity, for Culture, and for Sustainable Development" (PDF). UNESCO e-Copyright Bulletin. p. 2. Archived from the original (PDF) on 16 August 2008.
- ^ "Omnibus Order" (PDF). Assets.documentcloud.org. Retrieved 22 February 2022.
- .
- ^ Bailey, Nathan (1736). An Universal Etymological English Dictionary. T. Cox at the Lamb under the Royal-Exchange. p. 620.
- ^ ISBN 978-1-84844-663-2.
- ^ Stallman, Richard. "Confusing Words and Phrases That Are Worth Avoiding". Free Software, Free Society: The Selected Essays of Richard M. Stallman. GNU Press. Archived from the original on 31 May 2010. Retrieved 1 June 2010.
- ^ ISBN 978-0-19-538564-9.
- ^ "Photographic image of 'Piracy is Theft' cartoon" (GIF). Ntk.net. Retrieved 22 February 2022.
- ^ "CLASSIC ANTI-PIRACY ADS". Worldofstuart.excellentcontent.com.
- ISBN 978-0-521-72812-6.
- ^ "Freebooter". Merriam-Webster. Retrieved 24 July 2017.
- ^ a b Oremus, Will (8 July 2015). "Facebook's Piracy Problem". Slate. The Slate Group. Retrieved 9 March 2017.
- ^ Foxx, Chris (31 August 2015). "Facebook announces new tools to tackle video theft". BBC News. Retrieved 9 March 2017.
- ^ "Interview: Gabe Newell". Tcs.cam.ac.uk. 24 November 2011. Archived from the original on 26 November 2011. Retrieved 27 January 2012.
- ^ "US agrees to pay $50m after 'piracy' of software". BBC News. 28 November 2013. Retrieved 21 April 2014.
- ^ "US Army settles in $180 million software piracy case". Fox News. 2 December 2013. Retrieved 21 April 2014.
- ISSN 0887-7661.
- ^ a b Samuel Gibbs (6 May 2014). "Piracy study shows illegal downloaders more likely to pay for films than music". The Guardian. Retrieved 12 May 2014.
- ^ Gates, Bill (20 July 1998). "The Bill & Warren Show" (Digital newspaper archive). Fortune. Retrieved 16 January 2015.
- ^ a b "Media Piracy in Emerging Economies" (PDF). The American Assembly. Social Science Research Council. 2011. pp. i. Archived from the original (PDF) on 22 June 2016. Retrieved 1 April 2013.
- ^ Hua, Yu (13 March 2013). "Opinion | Stealing Books for the Poor". The New York Times. Retrieved 28 April 2013.
- ^ Calugareanu, Ilinca (17 February 2014). "VHS vs. Communism". The New York Times. Retrieved 18 February 2014.
- ^ ISBN 978-1-84844-663-2.
- ^ Irina D. Manta Spring 2011 The Puzzle of Criminal Sanctions for Intellectual Property Infringement Harvard Journal of Law & Technology 24(2):469–518
- Global Innovation Policy Center. Archived(PDF) from the original on 14 December 2021.
- ^ Dang Khoa (3 April 2021). "Vietnam boosts intellectual property index score". VnExpress. Archived from the original on 4 April 2021. Retrieved 24 January 2022.
- ^ "17 U.S. Code § 106 – Exclusive rights in copyrighted works". LII / Legal Information Institute.
- ^ McDonald, Paul, and Janet Wasko. The Contemporary Hollywood Film Industry. Malden, MA: Blackwell Pub., 2008. Print. p.202
- ^ McDonald, Paul, and Janet Wasko. The Contemporary Hollywood Film Industry. Malden, MA: Blackwell Pub., 2008. Print.p.203
- ^ "U.S. Copyright Office – Information Circular". Copyright.gov. Retrieved 27 January 2012.
- ^ "Piracy and Copyright in Australia". Howard Smith of Geelong. 19 February 2015. Archived from the original on 19 February 2015. Retrieved 19 February 2015.
- ^ "U.S. Copyright Office – Copyright Law: Chapter 5". Copyright.gov. Retrieved 27 January 2012.
- ^ Act of 6 January 1897, ch. 4, 29 Stat. 481-82.
- ^ Miriam Bitton (2012) Rethinking the Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures The Journal of Criminal Law & Criminology 102(1):67–117
- ^ "The Anti-Counterfeiting Trade Agreement – Summary of Key Elements Under Discussion" (PDF). transparency paper. Swiss federation of Intellectual Property. November 2009. Retrieved 8 June 2010.
- ^ "United States of America v. David LaMacchia, Memorandum of Decision and Order on Defendant's Motion to Dismiss". 28 December 1994.
- ^ "Your Interview: Michael Geist". CBC News. 7 April 2008. Archived from the original on 12 April 2008.
Downloading music for personal, non-commercial purposes is arguably legal in Canada due to the private copying levy which places a levy on blank media such as blank CDs. The private copying levy does not extend to video, as it only covers sound recordings. Making a personal copy of a music CDs is also covered by the private copying levy.
- ^ "Dozwolony użytek prywatny". Fundacja Nowoczesna Polska. Retrieved 1 January 2014.
- ^ "The amount of the levy payable for making private copies of a protected work may not take unlawful reproductions into account" (PDF). Court of Justice of the European Union. 10 April 2014.
- ^ "Canada deems P2P downloading legal". CNET News. 12 December 2003. Retrieved 27 December 2012.
- ^ For a discussion, see Copyright Infringement Advisor Archived 13 April 2014 at the Wayback Machine : Cap on Non-Commercial Copyright Damages
- ^ "U.S. Copyright Office – Copyright Law: Chapter 12". copyright.gov.
- ^ "Abbey House Media v. Apple Inc". Electronic Frontier Foundation. 10 December 2014. Retrieved 30 November 2016.
- ^ Higgins, Parker. "It's Perfectly Legal to Tell People How to Remove DRM". Gizmodo. Retrieved 30 November 2016.
- ^ "Telling people how to remove DRM isn't illegal". Engadget. 12 December 2014. Retrieved 30 November 2016.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). p. 2. Retrieved 1 September 2010.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). pp. 5–6. Retrieved 1 September 2010.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). p. 4. Retrieved 1 September 2010.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). p. 5. Retrieved 1 September 2010.
- ISBN 978-0-230-32171-7.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). p. 10. Retrieved 1 September 2010.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). p. 7. Retrieved 1 September 2010.
- ^ Edwards, Lilian; Waelde, Charlotte (2005). "Online Intermediaries and Liability for Copyright Infringement" (PDF). Keynote paper at WIPO Workshop on Online Intermediaries and Liability for Copyright, Geneva. World Intellectual Property Organisation (WIPO). p. 9. Retrieved 1 September 2010.
- ^ Smith, Chris (6 June 2014). "Pirating copyrighted content is legal in Europe, if done correctly". Bgr.com. Boy Genius Report. Retrieved 20 December 2014.
- ^ a b Berne Convention Article 10, article 10bis.
- ^ Eldred v. Ashcroft, 537 U.S. 186, 219, 221 (U.S. 2003). in which the court describes fair use as a "free speech safeguard" and a "First Amendment accommodation"
- ^ "Canada – U.S. Copyright Comparison" (PDF). Association of Universities and Colleges of Canada. Archived from the original (PDF) on 30 April 2013. Retrieved 14 February 2014.
- ^ a b Meyer, David (5 June 2014). "You can't break copyright by looking at something online, Europe's top court rules". Gigaom. Archived from the original on 7 January 2018. Retrieved 20 December 2014.
- ^ "Case C‑360/13". Court of Justice of the European Union. Retrieved 21 December 2014.
- ^ "CJEU Judgment: No Copyright Infringement in Mere Web Viewing". Scl.org. SCL – The IT Law Community (UK). 5 June 2014. Retrieved 21 December 2014.
- ^ "Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971)". zvon.org.
- ^ 17 U.S.C. § 102(b), for example.
- ^ "Copyright in Open Source Software – Understanding the Boundaries". Ifosslr.org. Retrieved 20 September 2012.
- ^ "Feature: 8 Cores on a Budget- Building a Better Workstation". 11 September 2008. Archived from the original on 13 February 2010.
- ^ "3.3 The "Abstraction, Filtration, Comparison" Test". Ladas.com. Archived from the original on 27 January 2012. Retrieved 27 January 2012.
- ^ a b c "Shadow Market – In Brief" (PDF). 2011 BSA Global Software Piracy Study. Business Software Alliance (BSA). 2011. Archived from the original (PDF) on 19 August 2014. Retrieved 21 April 2014.
- ^ Ram D. Gopal and G. Lawrence Sanders. "International Software Piracy: Analysis of Key Issues and Impacts". Information Systems Research 9, no. 4 (December 1998): 380–397.
- ^ 17 U.S.C. § 514(f)–(g); see SoundExchange.
- ^ 17 U.S.C. § 512(a)–(d); see Online Copyright Infringement Liability Limitation Act.
- ^ "Creative Commons – About The Licenses". creativecommons.org.
- ^ Ethan Smith; Lauren A. E. Schuker (12 February 2010). "Movie Studios Push to Unlock DVD Release Dates – WSJ". Wsj.com.
- ^ ISBN 978-1-137-47103-1.
- ^ Olsen, Stefanie (22 February 2007). "Man nabbed for uploading Oscar 'screener'". CNET. Retrieved 9 August 2020.
- ^ "Estimating displacement rates of copyrighted content in the EU, Final Report" (PDF). Archived from the original (PDF) on 21 June 2018.
- ^ "Expired UDL link – TED Tenders Electronic Daily". ted.europa.eu.
- ^ "Did the EU Commission hide a study that did not suit their agenda?". European Digital Rights.
- ^ "Estimating displacement rates of copyrighted content in the EU – a Freedom of Information request to Secretariat General of the European Commission". AsktheEU.org. 27 July 2017.
- ^ a b c United States Government Accountability Office (April 2010). "INTELLECTUAL PROPERTY Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods" (PDF). Report to Congressional Committees. United States Government Accountability Office. Retrieved 21 April 2014.
- ^ Shea Serrano (19 March 2008). "Movie Pirates". Houston Press. Archived from the original on 21 October 2013. Retrieved 21 April 2014.
- ^ Bob Strauss (6 April 2009). "Film piracy heads north of border". Los Angeles Daily News. Retrieved 21 April 2014.
- ^ Bialik, Carl (6 April 2013). "Putting a Price Tag on Film Piracy". The Wall Street Journal. Retrieved 9 October 2021 – via blogs.wsj.com.
- .
- ISSN 0262-4079.
- ^ Wright, Will (2011). Classic Game Postmortem – Raid On Bungeling Bay (YouTube). Game Developers Conference. Event occurs at 36:20. Archived from the original on 28 October 2021. Retrieved 9 April 2020.
- BSA (The Software Alliance). 2007. Archived from the original(PDF) on 24 May 2013. Retrieved 21 April 2014.
- ^ "Music Piracy Costs U.S. Economy $12.5 Billion, Report Reveals". InformationWeek. 22 August 2007.
- S2CID 14114650.
- ^ Delehaye, Dominique (19 November 2013). "The JRC in Seville (Spain)". EU Science Hub. European Commission.
- ^ Rothman, Lily (21 March 2013). "Illegal Music Downloads Not Hurting Industry, Study Claims". Time – via entertainment.time.com.
- ^ Panja, Tariq (12 March 2019). "Feud Over Soccer Piracy Deepens as A.F.C. Ends BeIN Sports Contract". The New York Times. Retrieved 12 March 2019.
- ^ "European Commission calls out Saudi Arabia for sports piracy". Broadband TV News. 28 January 2020. Retrieved 28 January 2020.
- ^ Vijayan, Jaikumar (28 March 2011). "Judge rules punitive damages against LimeWire 'absurd'". Archived from the original on 9 February 2014. Retrieved 8 June 2013.
- ^ Korte, Travis (17 May 2011). "LimeWire Settlement: RIAA, Record Labels Win $105M, But Artists May Not Benefit". Huffington Post.
- ^ United States of America v. Daniel Dove, 7 November 2008
- ^ Aram Sinnreich, "Digital Music Subscriptions: Post-Napster Product Formats", Jupiter Research (2000).
- ISBN 978-1-62534-052-8.
- BSA (The Software Alliance). 2012. p. 4. Archived from the original(PDF) on 1 November 2013. Retrieved 1 April 2013.
- ^ "Software piracy rate statistics – countries compared". Nation Master. Retrieved 27 January 2012.
- ^ "Software Piracy (Infographic)". TorrentFreak. 22 August 2011.
- ^ Nathan Davis (5 February 2007). "Thanks for letting us pirate". APC Magazine. Archived 2011-08-17 at the Wayback Machine
Further reading
- Hamerman, Sarah (11 September 2015). "PIRATE LIBRARIES and the fight for open information". The Media.
- Deka, Maitrayee (2017). "Calculation in the pirate bazaars" (PDF). Journal of Cultural Economy. 10 (5): 450–461. S2CID 56318191.
- Horten, Monica (2012). The Copyright Enforcement Enigma – Internet Politics and the Telecoms Package. ISBN 978-0-230-32171-7.
- Johns, Adrian (2009). Piracy. The Intellectual Property Wars from Gutenberg to Gates. ISBN 978-0-226-40118-8.
- Karaganis, Joe, ed. (2011). ISBN 978-0-9841257-4-6.
- Rosen, Ronald (2008). Music and Copyright. Oxford Oxfordshire: Oxford University Press. ISBN 978-0-19-533836-2.
- Abbott; Madigan; Mossoff; Osenga; Rosen. "Holding States Accountable for Copyright Piracy" (PDF). Regulatory Transparency Project. Retrieved 15 May 2021.
External links
- Media related to Copyright infringement at Wikimedia Commons