Ofcom (2012)

Source Details

Ofcom (2012)
Title:	Online copyright infringement tracker benchmark study Q3 2012
Author(s):	Ofcom
Year:	2012
Citation:	OFCOM, Online copyright infringement tracker benchmark study Q3 2012, 2012
Link(s):	Definitive , Open Access
Key Related Studies:	None
Discipline:	K4: Legal Procedure; the Legal System; and Illegal Behavior K42: Illegal Behavior and the Enforcement of Law O3: Technological Change • Research and Development • Intellectual Property Rights O33: Technological Change: Choices and Consequences • Diffusion Processes O34: Intellectual Property and Intellectual Capital O38: Government Policy
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About the Data
Data Description:	The main characteristics of the data are as follows: The research universe for this study was all aged 12+ in the UK. Although some elements of the survey cover those ‘without’ internet access, so as to provide a nationally representative frame, the core focus of the study (and thus the majority of questions) was the UK online population aged 12+. A mixed online and face-to-face methodology was employed for this project, following the guidelines established in response to the illegal file-sharing pilot study in 2010. The original design recommended by Kantar Media was subsequently approved via peer review, albeit with several recommendations. For the pilot research the core objective was to establish the most appropriate methodology for measuring behaviour and attitudes in this area.
Data Type:
Secondary Data Sources:
Data Collection Methods:	Quantitative Collection Methods Qualitative Collection Methods
Data Analysis Methods:	Quantitative Analysis Methods Qualitative Analysis Methods
Industry(ies):	Publishing of books, periodicals and other publishing Software publishing Film and motion pictures Television programmes Sound recording and music publishing
Country(ies):	United Kingdom
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	Yes
Time Period(s) of Collection:	2011-2012
Funder(s):	Intellectual Property Office

Abstract

This report details the main findings of a large-scale consumer tracking study into the extent of online copyright infringement, as well as wider digital behaviours and attitudes, among people aged 12+ in the UK. The study was commissioned by Ofcom, undertaken by Kantar Media and made possible by financial support from the UK Intellectual Property Office (IPO). It is the first in a series of research waves intended to generate benchmarks and time series relevant to the access and use of copyright material online. The research stemmed from a recommendation in the 2011 Hargreaves Review of Intellectual Property and Growth that Ofcom should not wait until its formal reporting duties arising from the Digital Economy Act began to start gathering independent data and establishing trends in the area of online copyright. Government adopted this recommendation and tasked Ofcom and IPO to work together to conduct research to gather the necessary evidence. This report is the result of this partnership.

Main Results of the Study

• One in six (16%) UK internet users aged 12+ were estimated to have downloaded or streamed/accessed at least one item of online content illegally3 over the 3 month period May-July 2012.4 A quarter of these (4%) only consumed illegal content.5
• Levels of infringement varied significantly by content type; our survey indicated that 8% of internet users aged 12+ consumed some music illegally over the three month period, while 6% did so for films. For video games and computer software the figure was just 2%.
• When looking only at those internet users who had consumed any content online over the three month period, 31% of those consuming any film content and 23% of those consuming any music content had done so illegally. Books had the lowest incidence of illegal consumption among those who had consumed any e-books online, at 11%.
• Online copyright infringers across all the content types were more likely to be male (58%), 16-34 (64%) and ABC1 (62%).
• Overall volumes of illegal content consumed online varied by category. Volumes were highest for computer software (47% of all computer software products consumed online were estimated to be illegally obtained), followed by films (35%) and music (26%), whereas it was lowest for books (12%).
• The survey data shows that for music, film and TV programmes, those who consumed a mixture of legal and illegal content claimed to spend more on that type of content over the 3-month period than those who consumed 100% legally or 100% illegally.
• When asking infringers why they download or stream/access content illegally, the most common reasons cited for doing so were because it is free (54%), convenient (48%) and quick (44%). Close to a quarter (26%) of infringers also said they do it because it means they can try before they buy.
• Factors that infringers said would encourage them to stop infringing included the availability of cheaper legal services (39%), if everything they wanted was available legally (32%) and if it was clearer what is legal and what isn’t (26%).

Policy Implications as Stated By Author

It is important to remember that consumer research offers only one perspective on levels of online copyright infringement. For a complete view of infringement levels, it needs to be considered alongside direct measurement of infringing behaviour on file-sharing websites and available industry data (e.g. network traffic volumes by protocol). Ofcom expects to consider a variety of data sources in the future as part of its Digital Economy Act reporting duties.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	4400
Level of aggregation:	Individual
Period of material under study:	2011-2012

Sample size:	5099
Level of aggregation:	Individual
Period of material under study:	2011-2012