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Digital Culture: The Changing Dynamics Access and piracy issues When speaking about the legislative framework in SEE countries it has to be noted that it is in the process of being harmonized with EU regulations so as to be in touch with current global trends. Intellectual property rights (IPR) are also included in this process. Nevertheless, piracy is widely present and there are significant obstacles to the implementation of the legal framework. As Ram (1999: 14) noted on the IPR situation in Romania: “Implementation problems stem from limited staff, limited knowledge of the law, and unfamiliarity with the type of rights it protects. Not only are police, prosecutors, lawyers, judges, and custom officers ‘absolutely unfamiliar with copyright issues’, according to the President of a copyright collecting society, but a prosecutor often does not continue with a penal case because they believe copyright infringement ‘has no social danger’”. This issue was also pointed out by the cultural workers in creative industries of SEE countries – they have to create their own forms of protection for their ideas and their work, as they will not be protected adequately by the current legislature and its implementation (Primorac, 2008: 34). In such a situation where the whole concept of intellectual property rights is not well known, understood or implemented, it is even more difficult to discuss it or make an adequate critique of the concept of IPR and copyright systems (where applicable) due to the changing conditions caused by further digitalization and the creation of new tools of production and distribution. While in the West the debate on IPR issues has shifted away from the discussion on piracy towards discussion on the overregulation of digital content and on new models of its management and of distribution, etc., in the SEE region, the regulation of IPR issues is still to be significantly upgraded, especially the control mechanisms. This is an important issue in the light of the digital divide debate which is problematic not only in the SEE region, but in other countries going through transition processes as well. When speaking about piracy the argument is usually focused on the losses of revenue of a certain proprietor, i.e. software, but what should be discussed here are open alternatives for societies that cannot afford the commercial ones. To have a better outline of the issue of piracy in the SEE region in the last few years, let us now take a look at the available data. In this context one could mention the data on software piracy as noted in the 2006 Global Software Piracy Study (IDC), as presented in Table 4. 78
Table 4: Software piracy rates and losses by country* Piracy rates** Losses ($M) 2006 2005 2004 2006 2005 2004 Albania 77% 76% 77% $11 $9 $7 Bosnia and Herzegovina Access, piracy and culture: the implications of digitalization in Southeastern Europe 68% 69% 70% $14 $13 $12 Bulgaria 69% 71% 71% $50 $41 $33 Croatia 55% 57% 58% $62 $51 $50 Greece 61% 64% 62% $165 $157 $106 Macedonia 69% 70% 72% $10 $9 $8 Moldova 94% 96% - $56 $44 - Montenegro 82% 83% 83% $6 $9 $8 Romania 69% 72% 74% $114 $111 $62 Serbia 78% 80% 80% $59 $95 $85 EU 36% 36% 35% $11,003 $12,048 $9,786 *Table is based on the 2006 Global Software Piracy Study (IDC). ** “Piracy Rate is the total number of units of pirated software put into use in 2006 divided by the total units of software installed. Losses: The retail value of pirated software is calculated using the size of the legitimate software market and the piracy rate. The actual formula is: Value of Pirated Software=(Legitimate Market)/(1-Piracy Rate)-Legitimate Market” (BSA, 2006: 17-18). As can be seen from Table 4, the software piracy rates in the SEE region are rather high, ranging from 55% to 96%, which is far above the EU average of approximately 35-36% in the 2004-2006 period. This indicates that a large amount of participants in the digital arena within the region are connected using pirated software platforms. Concerning the sector of cultural goods – the International Intellectual Property Alliance (IIPA) data on motion pictures, records and music business software and entertainment software estimated trade losses due to copyright (Lange, 2004: 5). It showed that for the year 2004, Bulgaria was on the Priority Watch List and Romania on the Watch List, while Bosnia and Herzegovina, Moldova and Serbia and Montenegro were on the Special Mention List. In the 2007 report only Bulgaria and Romania appear on the Watch List. 12 12 Countries on the Priority Watch List do not provide an adequate level of IPR protection or enforcement, or market access for persons relying on intellectual property protection. Countries on the Watch List merit bilateral attention to address the underlying IPR problems (bilateral meaning US and country in question), and the Special Mention List contains countries of specific interest for US intellectual property (see: IIPA data, accessed 2008). 79
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CULTURELINK Network of Networks for
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Managing culture in virtual realms:
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Foreword Digital culture is a new c
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INTRODUCTION
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Digital Culture: The Changing Dynam
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PART ONE DIGITAL CULTURE - THE NEW
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Page 67 and 68: Transformations of cultural product
Page 77: References Transformations of cultu
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With reference to possible policy r
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References Managing culture in virt
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Ecology of the media and hyperhuman
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languages on the Internet - mainly
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governmental or corporate action pl
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global critical consciousness that
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References Culture Interactive Cult
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A glance at the Cuban culture throu
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This paper attempts to: • provide
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websites that fused into what we ma
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Portal del Cine y el Audiovisual La
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