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Digital Culture: The Changing Dynamics<br />

Similarly, looking at specific branches of cultural production – the music industry<br />

as part of the creative industries of the region – Table 5 below shows us data on<br />

domestic music piracy levels in 2004.<br />

Table 5: Domestic music piracy levels in 2004*<br />

Country Over 50% 25-50% 10-24% Less than 10%<br />

Europe Bulgaria Croatia Belgium Austria<br />

Czech Republic Cyprus Finl<strong>and</strong> Denmark<br />

Estonia Hungary Netherl<strong>and</strong>s France<br />

Greece Italy Slovenia Germany<br />

Latvia Pol<strong>and</strong> Spain Icel<strong>and</strong><br />

Lithuania Portugal Irel<strong>and</strong><br />

Romania Slovakia Norway<br />

Russia Sweden<br />

Serbia/Montenegro Switzerl<strong>and</strong><br />

Turkey UK<br />

Ukraine<br />

Domestic music piracy levels are calculated as pirate units divided by legal units plus pirate units.<br />

*Source: IFPI, 2008 .<br />

Although the table above does not give us data on all the countries of the region,<br />

one can note the trend, which shows that the majority of the SEE countries presented<br />

here have a high domestic music piracy rate of over 50%, while only Croatia has a<br />

rate lower than 50%.<br />

Piracy as defined previously (organized piracy for commercial purposes) is thus<br />

very much present in the SEE region according to the available data presented above.<br />

On the other h<strong>and</strong>, what should be mentioned are the new models of digital<br />

distribution, promotion <strong>and</strong> exchange, primarily p2p, that are br<strong>and</strong>ed as piracy. The<br />

distinction has to be made. In this regard, we would agree with Lawrence Lessig<br />

(2004: 66) when he stresses “…even if some piracy is plainly wrong, not all ‘piracy’<br />

is”. Lessig stresses that there are questions raised by the p2p sharing as the latest<br />

“piracy” concern, but we need to underst<strong>and</strong> it better before defining it as piracy. “For<br />

(1) like the original Hollywood, p2p sharing escapes an overly controlling industry;<br />

<strong>and</strong> (2) like the original recording industry, it simply exploits a new way to distribute<br />

content; but (3) unlike cable TV, no one is selling the content that is shared on p2p<br />

services. These differences distinguish p2p sharing from true piracy. They should<br />

push us to find a way to protect artists while enabling this sharing to survive” (Lessig,<br />

80

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