GROUP 2: PIRACY

PIRACY

I. Summary of the topic

Region Piracy rate Loss

Western Europe 34% $3,639.4 million

Eastern Europe 70% $505,2 million

North America 26% $3,631.2 million

South America 72% $1,127.6 million

Asia/ Pacific 47% $2,791.5 million

Middle East 63% $284.4 million

Africa 56% $193.7 million

- Loss - $12.2 billion - business application

- 108,000 jobs - $4.5 billion in wages - $1 billion in tax revenues

- Vietnam and China lead the list with 100% and 97% rates

- 91% of the software being sold on Internet Auction sites is pirated

- US and Western Europe - the piracy rate averages 3040%

- Russia and Asia - the most active pirate markets

- Vietnam and China lead the list with 100% and 97% rates

II. Information about Piracy

4 Types of piracy:

- Counterfeiting
- Internet Piracy
- Hard-Disk Loading
- End User Piracy

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III. Interesting Facts About Piracy

Online Piracy or Internet Piracy is a serious problem that online community is

facing. Some of the most popular films and music that are created today in studios are
available in pirated versions on the Internet today. Although viewing an online stream of
a movie might seem legal because there are no actual downloads taking place at first, the
fact remains that users are able to access copyrighted content for free when it is not
intended to be free. This makes it piracy.

Below are some facts:

- 70% of Online Users Find Nothing Wrong in Online Piracy

- 67% of Digital piracy sites are hosted in North America and Western Europe

- 22% of all global Internet bandwidth is used for Online Piracy

- Websites hosting pirated content receive more than 146 Million visitors per day.

- $12.5 billion in economic losses each year due to Piracy in the music industry

- 71,060 jobs lost in the United States every year due to Online Piracy

- $2.7 billion in workers earnings are lost each year due to Online Piracy

- 95% of music downloaded online is illegal

- An average iPod contains pirated music of $800

- 42% of Softwares running in World are illegally downloaded

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- $59 billion of Softwares were illegally downloaded in 2010.

- More than 75% of computers have at least 1 downloaded illegal application

- Two-Thirds of Torrents available online are illegal

- Pornography is the most pirated item on web with 35.8% followed by Movies with
35.2%; TV shows with 14.5%

- Hollywood Movie Avatar is the most pirated movie of 2010 and was downloaded
1more than 17,000,000 times

- China has the Highest online piracy rate of 91% in world followed by Columbia with
90% and Russia with 80% online piracy rate.

- The average amount of time between a films USA release and its first apperance online
is 12 days.

IV. Case Study

UNITED STATES

A new federal regulation regarding the FBIs Anti-Piracy Warning (APW) Seal took
effect on August 13, 2012, which authorizes use of the APW Seal by all U.S. copyright
holders, subject to specific conditions of use. In this case, copyrighted works can include,
but are not limited to, films, audio recordings, electronic media, software, books and
photographs.

In February 2013, the United States initiated the Copyright Alert System (CAS), a six-
strikes campaign to combat internet piracy. In particular, this system is designed to
educate rather than punish users, sending up to six electronic warnings to subscribers,
notifying them of alleged copyright infringement as reported by a monitoring service
working on behalf of participating copyright owners.

UNITED KINGDOM

In the UK under the Copyright, Designs and Patent Act 1988, individuals guilty of
copyright infringement or distribution of copyrighted material can be sentenced from 3 to
6 months in prison and/or a fine ranging from 5,000 to 50,000

AUSTRALIA

Under Australian copyright law, music copyright infringement penalties range from
injunctions, damages and costs to fines of up to $60,500 for individuals and up to
$302,500 for corporations per infringement and/or up to 5 years imprisonment. Police can

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also issue fines of $1320 and seize the infringing music and devices, which includes
computers and servers used. For conscious software copyright, such as infringement for
the intention of commercial advantage or profit, individuals face fines of up to $93,500
and/or up to five years imprisonment, while companies face fines of up to $467,500
and/or up to five years imprisonment.

CHINA

On April 22, 2012, the Chinese Supreme Court released a proposed interpretation of
Chinas Internet infringement laws, which would take a stricter stance on how websites
could be held liable for promoting unlicensed copyrighted works, such as movies and
music. Under this interpretation, companies could be held liable if unlicensed works were
seen as being recommended to users in certain ways, such as featuring the unlicensed
work on a company site that ranks content based on popularity. Additionally, liability can
be determined if companies knowingly allow users to upload unlicensed content.

CANADA

Unauthorized copying or distribution of copyrighted material for profit is illegal under

the Copyright Act of Canada. According to the copyright act, specific penalties for
copyright infringement will be decided by the court. An infringer is liable for the
financial gain made through the infringement, as well as damages to the copyright owner
suffered due to infringement. Instead of damages, a copyright holder can elect to recover
an award of statutory damages between $100 and $5000 for all non-commercial
infringement, and between $500 and $20,000 for each commercial infringement.

V. International agreements on piracy that Vietnam participates

*Berne Convention for the Protection of Literary and Artistic Works 1886

Automatic protection - the enjoyment and enforcement of protection does not depend on
the procedures

Each member will spend "national treatment" on the foreign authors

Independent protection-the protection is independent of the protection in the origin

country

*Universal Copyright Convention 1952

A bridge between the members of Berne and the United States

*Rome Convention for the Protection of Producers pf Phonograms, Broadcasting

Organisation and Performers 1961

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*TRIPs Treaty 1993

Minimum standards of multilateral protection

Resolution mechanism in case a member country does not implement or enforce

copyright

*Internet Treaty: WIPO Copyright Treaty 1996; WIPO Performances and Phonograms
Treaty 1996

Introduces standards to enhance the protection of works, performers and producers of

phonograms in the digital environment and the network environment.

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VI. Vocabulary
No Word Pronunciation
1 Piracy (n)
2 illegal (adj)
3 Mechanism (n) /mk()nz()m/
4 Copyright (n)
5 License (v)
6 public domain (n) /pblk/ /d()men/
7 initiate (v)
GROUP 2: PIRACY
Meaning Example
The unauthorized use or reproduction of Another important consideration is to separate
/prsi/
another's work. movie piracy from music piracy.
Contrary to or forbidden by law, It is one of the biggest cases of Internet piracy
/li()l/
especially criminal law. and illegal copying ever discovered.
However, the underlying mechanism that
A natural or established process by which
brings about this restriction is less well
something takes place or is brought about.
understood..
The exclusive and assignable legal right,
given to the originator for a fixed number
The legal system protects intellectual property
/kprt/ of years, to print, publish, perform, film,
through patents and copyright.
or record literary, artistic, or musical
material.
Authorize the use, performance, or The publishers are trying to get this changed,
/ls()ns/ release of (something) for until it is there are a number of authors'
agents who won't let the publishers license
their authors' audiobooks to audible.
The state of belonging or being available The service is to be launched in the first
to the public as a whole, especially quarter of 2005 and will distribute only
through not being subject to copyright or licensed and public domain content.
other legal restrictions.
/net/ Cause (a process or action) to begin. The process begins with initiating the
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microscopic process under study.

Take action to reduce or prevent Given the scope of the problem, we are taking
8 combat (v) (something bad or undesirable) measured steps to combat online piracy.
/kmbat/

The action of breaking the terms of a law, So unless there's direct copying, there is no
9 Infringement (n) agreement, etc.; violation. infringement.
/nfrn(d)m()nt/

An authoritative warning or order. The public doesn't expect praise for refraining
10 injunction (n) /nd(k)()n/ from pogroms, but nor does it expect ceaseless
injunctions to abstain from them.

(of an action or feeling) deliberate and That just happened, it wasn't a conscious effort
11 conscious (adj) /kns/ intentional. really, but I think just by the nature of having
more characters in it.

Imprisonment The state of being imprisoned; captivity. A sentence of imprisonment is intended to

12 restrict the rights and freedoms of a prisoner.
(n) /mprz()nm()nt/

Made in exact imitation of something Three years on, it has become the centre for
13 Counterfeit (adj) /kantfit/ valuable with the intention to deceive or trade in contraband and counterfeit goods.
defraud.

The action of explaining the meaning of The atmospheric exhibition will showcase the
14 interpretation (n) /psp()n/ something. best in new display technology, design and
interpretation.