By Jane McInnes
In the news this week comes the story from the UK where big record labels, following actions already taken by the film industry, are making direct contact with internet providers to try and quash the activities of illegal downloaders. Label bosses, as well as the BPI which is the industry’s trade body, are set to meet David Cameron in early September at Downing Street. Under discussion will be what measures might be adopted to police the activities of the popular torrent sites, and the parties which download from them.
Communications regulator Ofcom published some interesting data recently in which it suggested that 18% of web users over the age of 18 have already downloaded content illegally. What was once the niche activity of cyber criminals is in danger of becoming a mainstream activity, with the result that artists and labels are feeling the pinch. Last month’s release of the popular American TV series ‘Breaking Bad’ on iTunes, came almost simultaneously with the show’s airing on television, indicating how aware the media industries now are of revenue loss from downloading.
Currently, illegal downloading is only partially covered by the Digital Economy Act of 2010, a law that aims to streamline a system by which cyber criminals can be tracked and penalized, either by slowing down the quality of their internet connection to prevent streaming, or in more serious cases suing offenders directly. The Digital Economy Act, however, depends upon its regulatory code being approved by Parliament, which still hasn’t happened. It is perhaps out of frustration with the time it’s taking for this to happen that music industry bosses are now approaching the big internet providers like BT, Virgin Media, BSkyB and TalkTalk to suggest a voluntary series of measures which might be taken before the British legal system gets its Act together. A principal aspect of this code would be for the internet providers to collect databases of repeat offenders, and then to send letters of warning to those found to have used pirate sites.
What all of this points to is that the music industry is now taking the war directly to the piraters, and is going to use any means necessary, both with the support of Cameron and the British legal system, and by dealing directly with internet providers. British law is still catching up with the effects that the world wide web is having on traditional laws involving copyright and media piracy, to the extent that loopholes still exist that are leaching the very life blood from the creative industries. To some degree the French legal system is one step ahead on this journey: 2009’s Hadopi law laid out a three-strikes and you’re out system to deal with repeated internet pirates. Just last month, however, a decree removed the clause from the penalty which stipulated offenders would lose their internet connection entirely. While the battle is ongoing, this autumn’s summit will see the British music industry attempting to win the first skirmish.
Jane McInnes works for Imagem PM, whose music production industry blog you can read here. Cover photo via Wondergressive.
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