Poort and Leenheer (2012)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

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

Source Details

Poort and Leenheer (2012)
Title: File sharing 2©12: Downloading from illegal sources in the Netherlands
Author(s): Poort, J., Leenheer, J.
Year: 2012
Citation: Poort, J., & Leenheer, J. (2012). File sharing 2© 12. Downloading from illegal sources in The Netherlands. Institute for Information Law & CentERdata, Amsterdam/Tilburg
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Quintais and Poort (2019)
About the Data
Data Description: The data is drawn from a consumer survey conducted on 3,118 members aged 16 and over of the CentERpanel, an online household panel that is representative of the Dutch population. The response rate was 64.4%, or 2,009 fully completed questionnaires.

The questions related to 4 types of activity relating the consumption of music, and films, television series and programmes (hereafter referred to jointly as ‘films & series’), and for games and books.

  • Buying physical formats in an offline or online store (web shop).
  • Paid-for downloading or streaming.
  • Free downloading or streaming from a legal source.
  • Free downloading or streaming from an illegal source.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2012
Funder(s):
  • Netherlands Ministry of Education, Culture and Science
  • Ziggo
  • KPN
  • XS4ALL
  • Delta
  • CAIW
  • Royal Dutch Book Trade Association

Abstract

This report presents the results of a consumer survey on the downloading and streaming of music, films, TV series and programmes, games and books. The authors make a distinction between four channels: buying material on physical formats in an offline or online store, paid-for downloading or streaming from a legal source, free downloading or streaming from a legal source and downloading or streaming from an illegal source. In May and June this year 3,118 members of the CentERpanel, an online household panel that is representative of the Dutch population, were invited to take part in the survey. The response rate was 64.4%, or 2,009 fully completed questionnaires.

Main Results of the Study

The main results of this study are:* People who download from an illegal source are more frequently also consumers from legal sources, and they are more likely go to concerts and the cinema and to purchase derived products* Downloading of music is declining; downloading of films and series is still increasing.* There is a clear difference between music on the one hand and films & series on the other. Whereas the reported decline in downloading music is considerably greater from legal sources than from illegal sources, in the case of films and series the decrease is about the same for both sources. * The group of people who download more music from an illegal source than they used to is much smaller than the group who now download more from a legal source. The exact opposite is the case for audiovisual material.* The recent blockade of the file sharing site The Pirate Bay has had next to no effect on consumers.

Policy Implications as Stated By Author

The study finds illegal activity to be widespread but also finds that the recent Pirate Bay blocking order had little meaningful effect. It can be implied from this that site blocking is unlikely to be effective. The study finds that in music levels of illegal activity are falling and suggest this is a result of a wider range of services to compete with illegal sources than is presently available in other sectors. This implies that market-based solutions may be more effective than legal solutions in reducing infringing activity.

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)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
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)
Green-tick.png
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)
Green-tick.png

Datasets

Sample size: 2009
Level of aggregation: Individual
Period of material under study: 2012