Pirated copy

from Wikipedia, the free encyclopedia

A pirated copy , black copy or illegal copy is a copy that is distributed in violation of copyright law. The term was initially used for copies of records on compact cassettes and became more widespread with the advent of computers , in particular for digital media such as software , music , images , films or e-books produced on digital data carriers .

Legal

Legal situation in Germany

In the German copyright law , the terms pirate copy and black copy are not used, instead it describes the rights and obligations of authors when exploiting and users when using protected works. "Reproductions for private and other personal use" of works, so-called private copies , are permitted under certain conditions under Section 53 of the Copyright Act (amendment of September 10, 2003). However, no sources that are obviously illegally produced or made publicly available may be used ( Section 53 (1) UrhG), so that, for example, private copies from file-sharing networks are not permitted. If the authorized person cannot make a private copy due to effective copy protection, the rights holder must provide the necessary means to be able to make use of the corresponding provision ( Section 95b (1) No. 6 UrhG). According to a BGH ruling from 1978, the limit for audio media is seven private copies. The eighth copy in terms of number is therefore already an illegal copy.

A violation of copyright is an offense within the meaning of the Criminal Code and is therefore punishable. If illegal copies are made by a person purely for their private use, a copyright infringement is often exempt from punishment because the offense is only prosecuted upon request ( Section 109 UrhG). More economically significant than the penalty, however, are the legal consequences such as the right to cease and desist and damages ( Section 97 UrhG). If the right holder makes use of a lawyer’s service, he can also demand reimbursement of costs for the corresponding warning . If the person warned is a private person, this claim is limited to 155 euros the first time (fee for 1000 euros object value, Section 97a (3) UrhG). This cap does not exist in Austria (as of 2013).

Legal situation in Switzerland

The government plans to hosting providers in the duty to take. However, anyone who privately downloads films or music without the permission of the rights holder should still not be able to be prosecuted.

statistics

The economic impact of illegal copying is widely debated. Industry reports contrast with various studies with sometimes very contradicting statements and conclusions.

General

The industry association Business Software Alliance (BSA) publishes the so-called Piracy Study once a year , which is supposed to determine the distribution of illegal software copies and is often quoted in the media. The film and music industry (content industry) also publishes regular reports on the losses caused by file sharing .

Not only the amount of the calculated damage, but also the calculation bases are generally questioned by various critics and considered excessive. A report by the US government in 2010 found that the alleged losses from file sharing were greatly exaggerated. The US Court of Auditors did not deny that the effects of a negative nature were significant, but at the same time pointed out that damage from piracy was difficult to measure. The Government Accountability Office (GAO) therefore questioned some surveys by the Recording Industry Association of America (RIAA) and recommended that the relevant government agencies not adopt these figures.

The fact that calculating a loss through missing sales is like a guessing game is also criticized in the calculation method of the Piracy Study . The “average software requirement” of a PC is determined and extrapolated for all PCs. According to the BSA study, the difference between the software sold and the assumed need for a PC would have to be black copies. Critics argue that free and older software are not considered here. So if a user does not update their entire software inventory every year or uses free software, this is included in the statistics as the use of illegal copies (for comparison: in 2010 around 60% of all web servers worldwide were running free software). In addition, when calculating the damage, it is assumed that every user who creates a black copy would have been willing to spend the money on an original, which (especially with expensive software) seems unrealistic.

Advertisement against private copying of music on music cassettes on the inner sleeve of a record made in Great Britain in 1983 as part of the Home Taping Is Killing Music campaign

Another criticism is that the “software requirements” of a few countries are extrapolated to 80 countries. It cannot be assumed that the "software requirements" in every country are expected to be the same. In 2004 a loss of 32.7 billion US dollars was assumed. In 2007, the damage is said to have grown to 48 billion US dollars.

A fundamental criticism of the extrapolation of the damage caused by pirated copies is directed against the use of the same counting method as for material goods. The sales price is multiplied by the estimated number of illegal copies. As a result, the loss of the copyright gain is assessed as the damage, which results as the product of the unchanged sales price (without taking into account expected economies of scale ) and the assumed number of items sold (with the postulated elimination of black copies). However, it is questionable whether the original would have always been paid for if the opportunity to copy had not existed (collector's aspect).

Other studies have shown that at least the economy receives twice as much economic added value through corresponding downloads, such as B. is lost annually to the music sector. A study by the German Society for Consumer Research (GfK) came to the result that users of the now closed illegal film portal Kino.to spent more money on cinema and DVDs than the average user . A 2011 US study also came to the conclusion that “file shareers buy more music than non-file shareers”. In some cases, even the content industry's own studies have shown comparable effects, so that a promotional effect can also be assumed for illegal offers. Industry representatives, however, attributed the results to the fact that these groups of people generally have a greater interest in media products.

An investigation into the effect of timely releases of movies at BitTorrent came to the conclusion that this has no effect on the “ box office ” (turnover in ticket sales) in the USA . Only in countries where the movie was only released months later was a drop in sales of 7% evident. According to an EU study from 2013, online piracy “has no negative effects on digital sales of music”. Significant consequences for the sale of physical sound carriers were not taken into account. In 2014, an independent study came to the conclusion that piracy uses Hollywood or that " copying Hollywood even increases sales ".

Germany

In Germany, the Bundesverband Musikindustrie (BVMI), in cooperation with the Gesellschaft für Konsumforschung (GfK), has been publishing the study on digital content use (DCN study) on the purchasing, downloading and copying behavior of the population every year since 2011 . Between 2001 and 2010, comparable surveys were carried out every year under the title Brenner study . In a ten-year summary (2001–2011), the number of illegal music copies was given as around 7 billion music titles (with a peak of around 900 million titles in 2010). The simultaneous decline in sales of physical sound carriers also led to an almost halving of sales during this period, which also meant that the number of employees in the industry fell by around a third. Digital distribution alone is referred to as a growth market, which has so far not compensated for the losses in the sound carrier sector, which is still comparatively much more profitable.

A meta-study by Medienboard Berlin-Brandenburg on the effects of digital piracy on the regional media industry calculated in June 2012 annual sales losses in the double-digit millions. The local music industry lost around 26 million euros and the film industry around 22 million euros. According to the study, this leads to damage totaling more than 680 million euros across Germany, with 524 million euros attributable to the music industry and 156 million euros to the film industry. Scientists from the University of Hamburg and the Bauhaus University Weimar put the losses in the film industry at around 193 million euros in 2007.

An analysis using scientific methods ( hypothesis model , Z-transformation ), which compared and evaluated the statistical figures of the Federal Music Industry Association for the period from 2003 to 2009, came to the conclusion that “there is no statistically relevant correlation in the data from the music industry between illegal downloads and CD sales ”.

See also

literature

  • Artur Wandtke, Winfried Bullinger: Practical commentary on copyright . 2nd edition CH Beck, 2006, ISBN 978-3-406-53423-2 .
  • Marcus von Welser, Alexander González: Brand and product piracy, strategies and approaches to combating it . Wiley-VCH, 2007, ISBN 3-527-50239-4 .
  • Jan Hachenberger: Intellectual property in the age of digitization and the Internet. An economic analysis of abuse calculations and protection strategies . DUV Verlag, 2003, ISBN 3-8244-7765-3 .
  • Hans Joachim Fuchs: Pirates, forgers and copiers, strategies and instruments for the protection of intellectual property in the People's Republic of China . 2006, Gabler Verlag, 2003, ISBN 978-3-8349-0159-0 .
  • Jan Krömer, Evrim Sen : No Copy - The world of digital piracy . Tropen Verlag, Berlin 2006, ISBN 3-932170-82-2 ( digital version ( PDF file; 1.05 MB)).
  • Dirk von Gehlen : Mashup - Praise the Copy , Suhrkamp, ​​2011, ISBN 978-3-518-12621-9 .

Web links

Wiktionary: pirated copy  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Gerald Himmelein, Joerg Heidrich: The limits of what is allowed. Advice: private copies, file sharing platforms, warnings. In: c't 5/2006. Heise Zeitschriften Verlag , February 20, 2006, pp. 110–119 , accessed on May 6, 2013 (online reading sample; download of the journal article for a fee ; inter alia on private copies according to UrhG).
  2. ↑ Gerald Himmelein, Joerg Heidrich: private copies: right and wrong. (PDF) A piece of counter-propaganda. In: Slides for the presentation at CeBIT 2006. Gerald Himmelein, c't , March 10, 2006, p. 3 , archived from the original on August 31, 2006 ; Retrieved on May 6, 2013 (approx. 180 kB; on an overview page ( Memento from June 20, 2006 in the Internet Archive ) you will find further information, such as the slides from the lecture on March 12, 2006 ( Memento from August 31, 2006 on the Internet Archive ) (PDF; 179 kB) or the reference to the cover story in c't 5/2006).
  3. ↑ Dr. Franz Schmidbauer: Consumer or Copyright Criminal? In: Internet & Law. February 18, 2009, accessed on May 9, 2013 (the article was written for the consumer policy yearbook 2007–2008 of the BMSK ).
  4. ↑ Illegal downloads should continue to be unpunished . In: Tages-Anzeiger of November 22, 2017, accessed on November 22, 2017.
  5. ^ BSA: Global Piracy Study.
  6. ↑ a b zeit.de Losses due to file sharing greatly exaggerated , April 15, 2010
  7. ↑ heise.de US Court of Auditors: Damage from piracy is difficult to measure
  8. ↑ cf. Krömer / Sen, p. 226 ff., No-copy.org
  9. ↑ http://news.netcraft.com/archives/2010/06/16/june-2010-web-server-survey.html Server software market shares, 2010
  10. ↑ heise.de Software Association: "Software piracy" on the advance worldwide
  11. ↑ ivir.nl ( Memento of the original from August 15, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 1.00 MB) @1@ 2Template: Webachiv / IABot / www.ivir.nl
  12. ↑ sueddeutsche.de Benefit from theft
  13. ↑ zeit.de study on Kino.to users remains under lock and key
  14. ↑ heise.de study: Filesharers buy more music than non-filesharers , October 16, 2012
  15. ↑ heise.de Pirates are the best customers - also in the music business
  16. ↑ heise.de users of kino.to go to the cinema more often than the average
  17. ↑ Danaher, Brett and Waldfogel, Joel, Reel Piracy: The Effect of Online Film Piracy on International Box Office Sales January 16, 2012. doi: 10.2139 / ssrn.1986299
  18. ↑ heise.de EU study: Online piracy does not harm digital music sales , March 18, 2013
  19. ↑ The co-author "On our own behalf ..."
  20. ↑ Piracy and Movie Revenues: Evidence from Megaupload: A Tale of the Long Tail?
  21. ↑ heise.de Piracy uses Hollywood - file sharing causes huge loss of income, the film industry likes to complain. In truth, copying actually boosts Hollywood's sales. , March 28, 2014
  22. ↑ heise.de How piracy helps Hollywood - file sharing causes huge loss of income, the film industry likes to complain. In truth, copying actually boosts Hollywood's sales. The industry should finally see new technology as an opportunity. , August 11, 2014
  23. ↑ BVMI study on digital content usage, a balance sheet from 10 years of burner study
  24. ↑ Medienboard meta-study on the effects of digital piracy on the regional media economy ( memento of the original from July 16, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.medienboard.de
  25. ↑ onlinewelten.com Study puts economic damage from pirated copies at over 680 million euros per year
  26. ↑ spiegel.de Pirated copies cost the film industry 193 million euros
  27. ↑ reaktanz.de SIGINT 2010: the music industry refutes itself
  28. ↑ students.uni-marburg.de »the failed revolution« - opportunities, risks & side effects of free music culture ( Memento of the original from May 13, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , PDF, pages 3–6 @1@ 2Template: Webachiv / IABot / www.students.uni-marburg.de