Film theft in the UK - Future of Copyright

28
5 Combating film theft
There are several methods available to
government and industry to combat piracy:
• Strengthening the legal framework;
• Improving enforcement efforts;
• Enhancing industry security measures;
• Improving education and consumer
awareness; and
• Developing new services and business
models.
All of these methods are already part of the
industry’s strategy to combat piracy. However,
there is still much that needs to be done.
The root causes of piracy can be broken down
into three simple rules of access, quality and
cost. That is:
• If there is a gap in supply, the pirates will
exploit the opportunity.
• If the retail price of content is perceived to be
too high, or higher than that which the
consumer feels justified given the quality of
that content, then the pirates will achieve sales
at a lower price 36 .
• If the conditions under which a product can
be acquired are perceived to be too strict, the
pirates will provide an easier alternative.
The above operates in an environment in which
the theft of intellectual property is not
considered by authorities and the judicial
system as a serious enough criminal activity to
warrant robust regulation, and where rich
pickings are to be had from what remains a
low risk, high reward illegal racket operating in
the context of widespread ignorance of
intellectual property rights.
It is also important to recognise that not all
unauthorised copyright use is organised, nor is
it undertaken for financial gain.
The demographics of piracy
Large-scale physical piracy tends to be the
domain of organised crime. That is,
professional operations usually seeking refuge
in countries with a relaxed anti-piracy regime;
such as Pakistan, Russia, and some territories in
the Far East. In contrast, unauthorised Internet
downloading, in terms of P2P filesharing, is
typically the playground of juveniles and young
film buffs; teenagers and students who have a
high volume appetite for movies, but do not
necessarily have either the will or financial
ability to satisfy that appetite. The key
underlying difference is that there is no direct
economic gain for the Internet filesharers, as
there is for the professional pirates.
Professional commercial piracy is based on a
simple supply-and-demand rule, which takes
advantage of gaps evident in the ‘windows’
model of film distribution. Counterfeit discs are
made for next to nothing, and then sold on for
a profit to consumers who wish to see the films
quickly and cheaply.
Unauthorised Internet distribution is driven by