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

corporacion innovarte innovartecorporacion at gmail.com
Thu Mar 10 07:45:49 PST 2011


Dear John thanks very much, for your excellent input, as it addressed a
compulsory license that is often missed by many developing countries.
Actually as far as I know at least in latinoamerica, no country has that
particular one.  But unfortunadetly,  is not the perfect precedent, as it
can relay on the posibility of compulsory licencing contemplated in Berne
article 11 bis 2 that was also expressly included in the agreed statement
for article 8 WCT.

I heard  that time ago, Brazil made a experimental proyect to get licensing
for pirate CDs, but on a voluntary bases.

But I need to find some concrete precedent to give more comfort to a
developing country that is considering using compulsory licensing to address
the issue of music and video piracy on the streets.

So please if you can think of any other cases of compulsory licensing. would
be great help.  Also there is a express compulsory licensing for recording
works already published  ( words and music)  in article 13 Berne, but in the
case I m working on, it includes the performances, which is something not
covered by Berne.

Any more feedback would be great.

Cheers

Luis Villarroel
Innovarte


2011/3/10 John Bergmayer <john at publicknowledge.org>

>
> It's not exactly what you're thinking of, but I've been working on a
> compulsory license issue that doesn't come up that much in IP circles.
>
> From 1976 through 1992 cable systems in the US only had to pay a nominal
> fee to qualify for a blanket license that gave them the right to retransmit
> all of the content in broadcast signals.  (Prior to that, they just
> retransmitted content without permission. This was not illegal as
> retransmissions of broadcast signals weren't considered to be public
> performances and thus did not come within the scope of exclusive rights of a
> content owner.  When the law was to be changed to make it so that such
> retransmissions were within the exclusive rights, people quickly realized
> that the transaction costs for cable systems would be too high, so the
> compulsory license was simultaneously created.)
>
> This is a precedent for the notion that compulsory licenses can make sense
> in diffuse rightsholder, high transaction cost situations.  That's not to
> say it's good or bad policy, just that it's been done.
>
> Now, TRIPS wasn't around in 1976, but the compulsory license is still in
> place although now cable systems have to pay broadcast stations for their
> "signal" (not for the content) and theoretically some of that money gets
> back to rightsholders, which makes the whole situation harder to analyze.
>
>
> On Mar 9, 2011, at 10:45 AM, corporacion innovarte wrote:
>
> > 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.
> >
> > LUIS VILLARROEL
> >
> > 2011/3/9 Teresa Hackett (eIFL) <teresa.hackett at eifl.net>
> >
> >> FYI
> >>
> >> 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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> >> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
> >>
> >
> >
> >
> > --
> > Luis Villarroel
> > Director de Investigacion
> > Corporación Innovarte
> >
> > Agustinas 1185 of. 88, Santiago, Chile.
> > Fono: 56 2 6886926
> > _______________________________________________
> > A2k mailing list
> > A2k at lists.keionline.org
> > http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
>
> --
> John Bergmayer
> Staff Attorney
> Public Knowledge
> (202) 861-0020
>
>


-- 
Luis Villarroel
Director de Investigacion
Corporación Innovarte

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



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