[A2k] Media Piracy in Emerging Economies A Report by the Social Science Research Council

corporacion innovarte innovartecorporacion at gmail.com
Wed Mar 9 07:45:25 PST 2011

Dear All,  does anybody knows if there are countries where have enacted
compulsory licensing for allowing the reproduction of movies or music, as a
strategy to reduce piracy.?

Do you think that this could resist a TRIPS test.


2011/3/9 Teresa Hackett (eIFL) <teresa.hackett at eifl.net>

> A precursor of this report was presented at WIPO ACE in December 2010,
> http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=142793
> Licensed under a "Consumer’s Dilemma license".
> http://piracy.ssrc.org/
> Media Piracy in Emerging Economies
> About the Report
> Media Piracy in Emerging Economies is the first independent, large-scale
> study of music, film and software piracy in emerging economies, with a focus
> on Brazil, India, Russia, South Africa, Mexico and Bolivia.
> Based on three years of work by some thirty-five researchers, Media Piracy
> in Emerging Economies tells two overarching stories: one tracing the
> explosive growth of piracy as digital technologies became cheap and
> ubiquitous around the world, and another following the growth of industry
> lobbies that have reshaped laws and law enforcement around copyright
> protection. The report argues that these efforts have largely failed, and
> that the problem of piracy is better conceived as a failure of affordable
> access to media in legal markets.
> “The choice,” said Joe Karaganis, director of the project, “isn’t between
> high piracy and low piracy in most media markets. The choice, rather, is
> between high-piracy, high-price markets and high-piracy, low price markets.
> Our work shows that media businesses can survive in both environments, and
> that developing countries have a strong interest in promoting the latter.
> This problem has little to do with enforcement and a lot to do with
> fostering competition.”
> Major Findings
>        • Prices are too high. High prices for media goods, low incomes, and
> cheap digital technologies are the main ingredients of global media piracy.
> Relative to local incomes in Brazil, Russia, or South Africa, the retail
> price of a CD, DVD, or copy of MS Office is five to ten times higher than in
> the US or Europe. Legal media markets are correspondingly tiny and
> underdeveloped.
>        • Competition is good. The chief predictor of low prices in legal
> media markets is the presence of strong domestic companies that compete for
> local audiences and consumers. In the developing world, where global film,
> music, and software companies dominate the market, such conditions are
> largely absent.
>        • Antipiracy education has failed. The authors find no significant
> stigma attached to piracy in any of the countries examined. Rather, piracy
> is part of the daily media practices of large and growing portions of the
> population.
>        • Changing the law is easy. Changing the practice is hard. Industry
> lobbies have been very successful at changing laws to criminalize these
> practices, but largely unsuccessful at getting governments to apply them.
> There is, the authors argue, no realistic way to reconcile mass enforcement
> and due process, especially in countries with severely overburdened legal
> systems.
>        • Criminals can’t compete with free. The study finds no systematic
> links between media piracy and organized crime or terrorism in any of the
> countries examined. Today, commercial pirates and transnational smugglers
> face the same dilemma as the legal industry: how to compete with free.
>        • Enforcement hasn’t worked. After a decade of ramped up
> enforcement, the authors can find no impact on the overall supply of pirated
> goods.
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Luis Villarroel
Director de Investigacion
Corporación Innovarte

Agustinas 1185 of. 88, Santiago, Chile.
Fono: 56 2 6886926

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