Media Piracy and Copyright Infringement in the Film Industry

The issue of copyright infringement has been a major concern and problem for the entertainment industry. With the expansion and advancement of technology, the issue has become a greater problem to gain control over, nearly to the extent that media piracy and copyright infringement have become common place. Websites posting the latest film or album prior to national release or the selling of bootlegged CDs and DVDs are widely accessible and the numbers grow exponentially on a daily bases. Our project will focus on the effect of media piracy and copyright infringement on both the music and film industries, respectively.
Media piracy has become a major problem for the film industry in more recent years, the internet age. The growth and accessibility of technology to copy and distribute films has made it extremely feasible for the average person to become a bootlegger. Most computers now come standard with a DVD player and/or copier, and anyone can download free software from the internet making it possible to copy or "rip" media from a DVD. The growth of the internet has added a new variable to the dilemma, with new websites daily that allow video hosting. The average computer savvy individual can take their video camera to the theater, video tape a new film then upload it to there favorite host site via their home computer and they are instantly sharing the new release with millions. In order to truly understand the compound issue of media piracy.

Brief Copyright Law & History

The advent of copyright protection was not truly developed in the form in which we know it today until the creation of the printing press. The issue of copyright arose in the fifteenth century in response to the development of the movable type printing press by the British clergy.. In 1710, The Statute of Anne was established and mirrors our modern concept of copyright law. This law put into effect by the British Parliament gave the author exclusive rights for a fixed period, after which the copyright expired and the authors had the option to renew. Copyright law has been evolving as for centuries as our society has become more complexed. Copyright issues have grown to encompass not only written material but a wide array of items that is known as intellectual property. Intellectual property references items from logos to slogans and various forms of multimedia products, such as films.

The latest and most comprehensive copyright law revision is the Copyright Act of 1976. The Act has been amended over the years to be include a more in-depth and wide ranging To include , substantially increasing the penalties making the illegal duplication of copyrighted material a felony for the first offense, providing penalties and remedies for theft of cable TV and satellite services, and the prohibiting the circumvention of technical measures used to protect copyrighted works against theft. Using a camcorder in a theater was made a federal felony in 2005 by Pres. Bush when he signed the Family Entertainment and Copyright Act. This Act also established new penalties for those who pirate work that has not yet been released commercially. According to the Family Entertainment and Copyright Act, a first-time violator can be sentenced to three and five years and fined up to $250,000.

Piracy as an act of revolution

Many see the major corporations that control the movie industry as the ruling power in the world. The act of taking media owned by these companies and sharing it with the masses free of charge can be seen as an act of revolution. Media piracy can be seen as a form off anarchy and attempt to overthrow the powers that be by the free exchange of information. The book States of Emergency Documentaries, Wars, Democracies states, "If piracy can be conceptualized as a new media strategy, it then becomes and insignia for difference(s), multiple layers of critique(s), intervention(s), and space(s). Theorizing piracy means disengaging from territories, deconstructing the binary opposition fueling most of a quarter of a century of independent media, and entering the global flows not as consumers, but as producers-in-dialogue. A notion of piracy refuses to recognize images as property, but instead collectivizes the images in the global image flows, severing them from ownership by the trans-nationals."

In Cultural Control And Globalization in Asia: Copyright, Piracy And Cinema, Pang addresses how movie piracy in China undermined the political agenda of the government. Pang states, "The new movie culture introduced by piracy developed more rapidly and created greater cultural disturbances than the video culture that started in the West in the 1970s - piracy is destructive to the status quo largely because it is illegal. In this case, no one group is in control of the films being pirated, distributed, and watched, and no one identifiable form of power - political, civil, or commercial - can manipulate movie-watching activities in China, as numerous people participate in piracy due to the minimal technology and low costs involved. It is this implication of piracy" that most threatens the PRC's governing ideology, which demands unity and harmony to legitimate its own rule." With media piracy, especially across the internet, governments can not control the images, ideologies, and opinions being disseminated to the public. The act of piracy clearly undermines the society norms and government control over the population. While many of the people involved in piracy are not aware or intend to have their illegal pursuits be an act of revolution, but by participating in this venture they are compliant with it's implications.

Film Industry's War Against Piracy

The organizations and companies that make-up the film industry believe that media piracy is utterly detrimental to their craft. One organization in particular, the Motion Picture Association of America, Inc. (MPAA), has worked steadfast at getting a handle on the pirating industry. According to the MPAA, the worldwide movie industry, which includes foreign and domestic producers, distributors, theaters, video stores and pay-per view providers, lost $18.2 billion to piracy in 2005. On the MPAA website, the organization explains how pirating creates a rippling, where the effects are felt through the entire industry. The MPAA states, "To recoup such enormous investments, the industry relies upon a carefully planned sequential release of movies, generally releasing feature films first in cinemas, then to home video and other media. A sequential release sequence provides consumers with choices as to how they wish to view movies and when. These release sequences generally includes intervals for each specific media known as " distribution windows " . When piracy of a film occurs at any point in the release sequence, all subsequent markets are negatively affected."

The MPAA, in conjunction with major production companies, has developed a wide range of strategies to combat the epidemic. One of the most massive and visible tactics is through litigation. The MPAA assists and encourages major film production companies in the pursuing criminal and civil actions against offenders. MPAA and Production Companies have teamed to go after websites and mainly peer-to-peer software companies that allow people to download copyrighted material. Peer-to-peer software allows users to search for various files and/or programs from other users and download the files. The majority of the files are copyrighted material. While many of the organizations claim that they can not control the type of material that is shared, the industry feels that these organizations are responsible for sharing copyrighted material. Some of the companies the film industry have targeted are Film88, DVD-deCSS, iCraveTV, Broadcast Flag, Music City, CTEA, Napster, RecordTV.com, and Scour.net.

Some of the cases made it as far as the U.S. Supreme Court. One case in particular was that of MGM Studios versus Grokster. Grokster was a peer-to peer software company that allowed its users to copy and download copyrighted music and movies. MGM Studios argued that the company should be held responsible by "encouraging its users to break copyright law." The U.S. Supreme Court agreed unanimously with the argument and ruled in favor of MGM Studios. In a statement on the MPAA website, "In one accompanying opinion, Justice Stephen Breyer wrote, " Deliberate unlawful copying is no less an unlawful taking of property than garden-variety theft. " Downloading copyrighted material without appropriate authorization has always been illegal. The Supreme Court reinforced this fact in the strongest terms. Furthermore, companies that encourage their customers to steal copyrighted material can now also be held accountable. After the Supreme Court decision, Grokster settled the case with the plaintiffs. While the stance by the Supreme Court was groundbreaking in the fight against piracy, it may have only served to require peer-to-peer software companies to be more adamant in discouraging illegal downloading and be advertise their packages more carefully.

The MPAA is not only involved in litigation, the organization takes it upon itself to educate the public about the pitfalls of piracy. The MPAA has involved itself in a series of campaigns around the world to bring the issue to the forefront. The MPAA uses PSA's to assist in the fight against piracy, many of them involving fear tactics and frightening themes to get the public to comply with the law. The media piracy industry has been linked in several cases to organized crime , drug dealers and gangs. This relationship between what is perceived to be a victimless crime, media piracy, to one that is violent and dangerous creates a more sinister result for consumers. The MPAA plays on that fear, as the Drug Enforcement Agencies did after 9/11 in connecting the marijuana drug trade with terrorist. While it may be true in some cases, this information has yet to show a real impact on the numbers of people who still engage in media piracy. This form of fear tactics is to persuade parents to get involved in the fight against media piracy. The MPAA also actively pursue youth organizations and schools and provides them with curriculum to educate children and teens about the use of file sharing software, copyright laws, and the penalties associated with violating those penalties. Sites likes Copyrightkids.org uses fun colors, games, and even a mascot to assist parents in educating their children. As the MPAA sees it, "When youngsters find out the benefits of copyright for themselves, they ' ll be less likely to disrespect the property rights of others."

Industry associations are not the only organizations working toward a control over media piracy, movie theaters have been making changes to approach the problem as well. Many major movie theater chains have looked into attempting to stop in theater recording of movies. The Regal Theater chain has gone as far as involving it's customers in "whistle blowing." Regal Entertainment has been developing a guest response pager system. Customers will be given a pager to alert staff of issues. While the issues are not limited to piracy (sound and picture quality are among the issues) customers are encouraged to notify staff of illegal recording.

As the growth of the internet makes the world a much smaller place, it has made media piracy a global issue. Many countries have had film piracy become a normally part of their society, and governments and organization worldwide are working devotedly to overthrow this ideology. Media Piracy and more specifically the piracy of films will most likely continue well into the future. The internet is growing at a massive rate on a daily basis. While the industry and governments world wide attempt to prosecute the organizations and individuals who participate in the illegal activity, the amount of copyright infringing websites and downloaders are simply to large to control.

The movie going experience will never be replaced, but the at home movie watching experience will change . The industry will simply have to learn to compete with the pirating franchises on the internet. The problem area for the industry will be in the DVD releases of films. Movie-Goers enjoy the experience of watching major blockbusters on the big screen. The industry will most likely lean towards releasing more action packed and effect laddened films, to drive audiences to the theater as apposed to be content to watching it on a computer screen. But the DVD release of films will most likely involve more special features to attract purchasers but the decline in sales will soon mirror those of the music industry.

Bibliography

Books

Rodden, Patricia; States of Emergency Documentaries, Wars, Democracies; University of Minnesota Press 2000

Pang, Laikwan; Cultural Control And Globalization in Asia: Copyright, Piracy And Cinema; Routledge

Gantz, John and Jack B. Rochester; Pirates of the Digital Millennium: How the Intellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the World Economy; Financial Times Prentice Hall

Ray Patterson, Lyman , Copyright in Historical Perspective, Vanderbilt University Press, 1968.

Drone, Eaton S. , A Treatise on the Law of Property in Intellectual Productions, Little, Brown, & Co. (1879).

Lowenstein, Joseph; The Author's Due : Printing and the Prehistory of Copyright, University of Chicago Press, 2002

Periodicals

"Knocking Off Piracy" Thomas, Archie. Daily Variety, 5/15/2007, Vol. 295 Issue 31, p6-6, 1/5p; (AN 25148426"Japan bans camcording." Schilling, Mark. Daily Variety, 5/25/2007, Vol. 295 Issue 39, p6-6, 1/9p; (AN 25218639)

Regal plugs in its patrons for quality. By: Fritz, Ben. Variety International, 6/1/07

Mayor OKs piracy fines. By: Clarke Jr., John. Daily Variety, 5/2/2007, Vol. 295 Issue 22, p5-15, 2p; (AN 24970461)

Pols scold schools over file sharing. By: Triplett, William. Daily Variety, 5/3/2007, Vol. 295 Issue 23, p5-14, 2p, 1c; (AN 25007880)

Piracy deals a crippling blow to box office. By: De Pablos, Emiliano. Variety, 5/14/2007 Cannes Film Festival Supp, Vol. 406, p43-43, 1/2p; (AN 25088060)

NEW YORK GETS TOUGH. By: Triplett, William. Daily Variety, 5/15/2007, Vol. 295 Issue 31, p14-14, 1/5p; (AN 25148632),

Pirate plank sharpens. Film Journal International, 15269884, Jun2007, Vol. 110, Issue 6 Variety, 6/4/2007, Vol. 407 Issue 3, p5-5, 1/9p; (AN 25305270)

Websites

MPAA http://www.mpaa.org/

"Film Piracy Still Steals the Show"; Katie Dean; Wired Magazine, 12/2003 http://www.wired.com/print/entertainment/music/news/2003/12/61673

"Hollywood goes digital like it or not" PBS Frontline; http://www.pbs.org/wgbh/pages/frontline/shows/hollywood/digital/mann.html