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Latest revision as of 08:19, 7 October 2019



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

Quintais and Poort (2019)
Title: The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement
Author(s): João Quintais, Joost Poort
Year: 2019
Citation: Quintais, J. and Poort, J. (2019) The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement. American University International Law Review, 34(4), pp. 807-876
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The study is composed of two parts:

• a comparative legal analysis across 13 jurisdictions, considering issues such as intermediary liability and available enforcement mechanisms, and;

• consumer surveys. The first totalled 34,673 respondents across the 13 jurisdictions detailed in the legal analysis. This evidence was supplemented by a second (earlier) study totalling 4,352 from respondents across seven European countries and six other countries.

Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2012
  • 2014
Funder(s):
  • Google

Abstract

“This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.”

Main Results of the Study

Overall, piracy is declining. The study attributes this to changes in the market, which promote easily accessible and more affordable content, as opposed to enforcement measures.

The findings are bolstered by consumer surveys which show piracy decreasing in all European countries bar Germany. Even where countries have similar legal frameworks piracy levels vary; for example, piracy levels in Spain are comparatively high (35% of total population) against Japan (9%) despite downloading being illegal in both countries and enforcement options being available. Instead, the study finds that high levels of piracy are linked to lower per capita incomes, suggesting that purchasing power is a stronger determinant of piracy rather than the threat of enforcement.

The study also finds little evidence of sales displacement. The loss of physical sales of content is somewhat offset by increasing sales in e.g. live concerts and cinema. Estimating the displacement rate for blockbuster movies, the study concludes that only 4% of sales are lost through piracy.

Policy Implications as Stated By Author

The study concludes that changes in piracy behaviours are determined by welfare rather than enforcement. As such, policy should focus on fostering lawful remunerated access to content, improving conditions for affordable, convenient and diversity of content.



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)
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)
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