The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement external link

American University International Law Review, vol. 34, num: 4, pp: 807-876, 2019

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.

consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy

Bibtex

Article{Quintais2019f, title = {The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement}, author = {Quintais, J. and Poort, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239}, year = {0820}, date = {2019-08-20}, journal = {American University International Law Review}, volume = {34}, number = {4}, pages = {807-876}, 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.}, keywords = {consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy}, }

The EU Counterfeit & Piracy Watch List: political aims and legal challenges external link

Kluwer Copyright Blog, vol. 2019, 2019

Copyright, enforcement, European Union, frontpage, infringement, piracy

Bibtex

Article{Delinavelli2019, title = {The EU Counterfeit & Piracy Watch List: political aims and legal challenges}, author = {Delinavelli, G.}, url = {http://copyrightblog.kluweriplaw.com/2019/03/05/the-eu-counterfeit-piracy-watch-list-political-aims-and-legal-challenges/}, year = {2019}, date = {2019-03-07}, journal = {Kluwer Copyright Blog}, volume = {2019}, pages = {}, keywords = {Copyright, enforcement, European Union, frontpage, infringement, piracy}, }

Global Online Piracy Study external link

Kluwer Copyright Blog, vol. 2018, 2018

Abstract

The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.

Copyright, downloading, Internet, piracy

Bibtex

Article{Quintais2018e, title = {Global Online Piracy Study}, author = {Quintais, J. and Poort, J.}, url = {http://copyrightblog.kluweriplaw.com/2018/07/31/global-online-piracy-study/}, year = {0803}, date = {2018-08-03}, journal = {Kluwer Copyright Blog}, volume = {2018}, pages = {}, abstract = {The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.}, keywords = {Copyright, downloading, Internet, piracy}, }

Global Online Piracy Study – Annexes external link

Poort, J., Quintais, J., Ende, M. van der, Yagafarova, A. & Hageraats, M.
2018

Europe, frontpage, Internet, mediaconsumptie, piracy

Bibtex

Article{Poort2018b, title = {Global Online Piracy Study – Annexes}, author = {Poort, J. and Quintais, J. and Ende, M. van der and Yagafarova, A. and Hageraats, M.}, url = {https://www.ivir.nl/publicaties/download/Global-Online-Piracy-Study-Annexes-.pdf}, year = {0731}, date = {2018-07-31}, keywords = {Europe, frontpage, Internet, mediaconsumptie, piracy}, }

Global Online Piracy Study: Legal Background Report external link

Europe, frontpage, Internet, mediaconsumptie, piracy

Bibtex

Article{Quintais2018d, title = {Global Online Piracy Study: Legal Background Report}, author = {Quintais, J.}, url = {https://www.ivir.nl/publicaties/download/Global-Online-Piracy-Study-Legal-Background-Report.pdf}, year = {0731}, date = {2018-07-31}, keywords = {Europe, frontpage, Internet, mediaconsumptie, piracy}, }

Global Online Piracy Study external link

Poort, J., Quintais, J., Ende, M. van der, Yagafarova, A. & Hageraats, M.
2018

Europe, frontpage, Internet, mediaconsumptie, piracy

Bibtex

Article{Poort2018, title = {Global Online Piracy Study}, author = {Poort, J. and Quintais, J. and Ende, M. van der and Yagafarova, A. and Hageraats, M.}, url = {https://www.ivir.nl/publicaties/download/Global-Online-Piracy-Study.pdf}, year = {0731}, date = {2018-07-31}, keywords = {Europe, frontpage, Internet, mediaconsumptie, piracy}, }

Baywatch: Two approaches to measure the effects of blocking access to The Pirate Bay external link

Leenheer, J., Ham, J. van der, Dumitru, C. & Poort, J.
Telecommunications Policy, num: 4, pp: 383-392, 2014

Abstract

In the fight against unauthorised sharing of copyright protected material, Dutch Internet Service Providers have been summoned by courts to block their subscribers' access to The Pirate Bay and related sites. This paper studies the effectiveness of this approach towards online copyright enforcement, using both a consumer survey and a newly developed non-infringing technology for BitTorrent monitoring. While a small group of respondents download less from illegal sources or claim to have stopped doing so, no impact is found on the percentage of the Dutch population downloading from illegal sources. Slight changes are found on the distribution of Dutch peers, but these seem related to the awareness raised by blocking rather than the blocking itself.

BitTorrent monitoring, blocking access, Online copright enforcement, p2p, piracy, Telecommunicatierecht, The Pirate Bay, unauthorised file sharing

Bibtex

Article{nokey, title = {Baywatch: Two approaches to measure the effects of blocking access to The Pirate Bay}, author = {Leenheer, J. and Ham, J. van der and Dumitru, C. and Poort, J.}, url = {http://www.ivir.nl/publicaties/download/Telecommunications_Policy_2014.pdf}, year = {0204}, date = {2014-02-04}, journal = {Telecommunications Policy}, number = {4}, abstract = {In the fight against unauthorised sharing of copyright protected material, Dutch Internet Service Providers have been summoned by courts to block their subscribers\' access to The Pirate Bay and related sites. This paper studies the effectiveness of this approach towards online copyright enforcement, using both a consumer survey and a newly developed non-infringing technology for BitTorrent monitoring. While a small group of respondents download less from illegal sources or claim to have stopped doing so, no impact is found on the percentage of the Dutch population downloading from illegal sources. Slight changes are found on the distribution of Dutch peers, but these seem related to the awareness raised by blocking rather than the blocking itself.}, keywords = {BitTorrent monitoring, blocking access, Online copright enforcement, p2p, piracy, Telecommunicatierecht, The Pirate Bay, unauthorised file sharing}, }