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air use or fair dealing in common law systems these fair practice statutes typically enshrine principles underlying many earlier judicial precedents and are considered essential to freedom of speech 62 another example is the practice of compulsory licensing which is where the law forbids copyright owners from denying a license for certain uses of certain kinds of works such as compilations and live performances of music compulsory licensing laws generally say that for certain uses of certain works no infringement occurs as long as a royalty at a rate determined by law rather than private negotiation is paid to the copyright owner or representative copyright collective some fair dealing laws such as canada s include similar royalty requirements 63 in europe the copyright infringement case public relations consultants association ltd v newspaper licensing agency ltd had two prongs one concerned whether a news aggregator service infringed the copyright of the news generators the other concerned whether the temporary web cache created by the web browser of a consumer of the aggregator s service also infringed the copyright of the news generators 64 the first prong was decided in favor of the news generators in june 2014 the second prong was decided by the court of justice of the european union cjeu which ruled that the temporary web cache of consumers of the aggregator did not infringe the copyright of the news generators 64 65 66 non infringing types of works edit in order to qualify for protection a work must be an expression with a degree of originality and it must be in a fixed medium such as written down on paper or recorded digitally 67 68 the idea itself is not protected that is a copy of someone else s original idea is not infringing unless it copies that person s unique tangible expression of the idea some of these limitations especially regarding what qualifies as original are embodied only in case law judicial precedent rather than in statutes in the u s for example copyright case law contains a substantial similarity requirement to determine whether the work was copied likewise courts may require computer software to pass an abstraction filtration comparison test afc test 69 70 to determine if it is too abstract to qualify for protection or too dissimilar to an original work to be considered infringing software related case law has also clarified that the amount of r d effort and expense put into a work s creation does not affect copyright protection 71 evaluation of alleged copyright infringement in a court of law may be substantial the time and costs required to apply these tests vary based on the size and complexity of the copyrighted material furthermore there is no standard or universally accepted test some courts have rejected the afc test for example in favor of narrower criteria preventive measures edit the bsa outlined four strategies that governments can adopt to reduce software piracy rates in its 2011 piracy study results increase public education and raise awareness about software piracy and ip rights in cooperation with industry and law enforcement modernize protections for software and other copyrighted materials to keep pace with new innovations such as cloud computing and the proliferation of networked mobile devices strengthen enforcement of ip laws with dedicated resources including specialized enforcement units training for law enforcement and judiciary officials improved cross border cooperation among law enforcement agencies and fulfillment of obligations under the world trade organization s agreement on trade related aspects of intellectual property rights trips lead by example by using only fully licensed software implementing software asset management sam programs and promoting the use of legal software in state owned enterprises and among all contractors and suppliers 72 legal edit corporations and legislatures take different types of preventive measures to deter copyright infringement with much of the focus since the early 1990s being on preventing or reducing digital methods of infringement strategies include education civil and criminal legislation and international agreements 73 as well as publicizing anti piracy litigation successes and imposing forms of digital media copy protection such as controversial drm technology and anti circumvention laws which limit the amount of control consumers have over the use of products and content they have purchased legislatures have reduced infringement by narrowing the scope of what is considered infringing aside from upholding international copyright treaty obligations to provide general limitations and exceptions 61 nations have enacted compulsory licensing laws applying specifically to digital works and uses for example in the u s the dmca an implementation of the 1996 wipo copyright treaty considers digital transmissions of audio recordings to be licensed as long as a designated copyright collective s royalty and reporting requirements are met 74 the dmca also provides safe harbor for digital service providers whose users are suspected of copyright infringement thus reducing the likelihood that the providers themselves will be considered directly infringing 75 some copyright owners voluntarily reduce the scope of what is considered infringement by employing relatively permissive open licensing strategies rather than privately negotiating license terms with individual users who must first seek out the copyright owner and ask for permission the copyright owner publishes and distributes the work with a prepared license that anyone can use as long as they adhere to certain conditions this has the effect of reducing infringement and the burden on courts by simply permitting certain types of uses under terms that the copyright owner considers reasonable examples include free software licenses like the gnu general public license gpl and the creative commons licenses which are predominantly applied to visual and literary works 76 protected distribution edit to maximize revenue pre covid 19 film distribution typically began with movie theaters theatrical window on average approximately 16 1 2 weeks 77 before the release to blu ray and dvd entering its video window during the theatrical window digital versions of films are often transported in data storage devices by couriers rather than by data transmission 78 the data can be encrypted with the key being made to work only at specific times in order to prevent leakage between screens 78 further information copy protection watermarking edit coded anti piracy marks can be added to films to identify the source of illegal copies and shut them down in 2006 a notable example of using coded anti piracy marks resulted in a man being arrested 79 for uploading a screener s copy of the movie flushed away some photocopiers use machine identification code dots for similar purposes according to whom the eurion constellation on banknotes is used to prevent copying to make counterfeit currency economic impact of copyright infringement edit organizations disagree on the scope and magnitude of copyright infringement s free rider economic effects and public support for the copyright regime the european commission funded a study 80 to analyze the extent to which unauthorised online consumption of copyrighted materials music audiovisual books and video games displaces sales of online and offline legal content across germany the united kingdom spain france poland and sweden the public funding behind the study provided a necessary basis for its neutrality 81 30 000 users including minors between 14 and 17 years were surveyed among september and october 2014 while a negative impact was found for the film industry videogame sales were positively affected by illegal consumption possibly due to the industry being successful in converting illegal users to paying users and employing player oriented strategies for example by providing additional bonus levels or items in the gameplay for a fee finally no evidence was found for any claims of sales displacement in the other market sectors according to the european digital rights association the study may have been censored specifically as of 2018 the european commission has not published the results except in the part where the film industry was found to be adversely affected by illegal content consumption access to the study was requested and obtained by member of the european parliament felix reda 82 83 in relation to computer software the business software alliance bsa claimed in its 2011 piracy study public opinion continues to support intellectual property ip rights seven pc users in 10 support paying innovators to promote more technological advances 72 following consultation with experts on copyright infringement the united states government accountability office gao clarified in 2010 that estimating the economic impact of ip intellectual property infringements is extremely difficult and assumptions must be used due to the absence of data while it is difficult if not impossible to quantify the net effect of counterfeiting and piracy on the economy as a whole 84 the u s gao s 2010 findings regarding the great difficulty of accurately gauging the economic impact of copyright infringement was reinforced within the same report by the body s research into three commonly cited estimates that had previously been provided to u s agencies the gao report explained that the sources a federal bureau of investigation fbi estimate a customs and border protection cbp press release and a motor and equipment manufacturers association estimate cannot be substantiated or traced back to an underlying data source or methodology 84 deaner explained the importance of rewarding the investment risk taken by motion picture studios in 2014 usually movies are hot because a distributor has spent hundreds of thousands of dollars promoting the product in print and tv and other forms of advertising the major hollywood studios spend millions on this process with marketing costs rivaling the costs of production they are attempting then to monetise through returns that can justify the investment in both the costs of promotion and production 4 motion picture industry estimates edit in 2008 the motion picture association of america mpaa reported that its six major member companies lost us 6 1 billion to piracy 85 a 2009 los angeles daily news article then cited a loss figure of roughly 20 billion a year for hollywood studios 86 according to a 2013 article in the wall street journal industry estimates in the united states range between 6 1b to 18 5b per year 87 in an early may 2014 article in the guardian an annual loss figure of us 20 5 billion was cited for the movie industry the article s basis is the results of a university of portsmouth study that only involved finnish participants aged between seven and 84 the researchers who worked with 6 000 participants stated movie pirates are also more likely to cut down their piracy if they feel they are harming the industry compared with people who illegally download music 24 however a study conducted on data from sixteen countries between 2005 and 2013 many of which had enacted anti piracy measures to increase box office revenues of movies found no significant increases in any markets attributable to policy interventions which calls into doubt the claimed negative economic effects of digital piracy on the film industry 88 software industry estimates edit psion software claimed in 1983 that software piracy cost it 2 9 million a year 30 of its revenue 89 will wright said that raid on bungeling bay sold 20 000 copies for the commodore 64 in the us but 800 000 cartridges for the nintendo famicom with a comparable installed base in japan because it s a cartridge system so there s virtually no piracy 90 according to a 2007 bsa and international data corporation idc study the five countries with the highest rates of software piracy were 1 armenia 93 2 bangladesh 92 3 azerbaijan 92 4 moldova 92 and 5 zimbabwe 91 according to the study s results the five countries with the lowest piracy rates were 1 the u s 20 2 luxembourg 21 3 new zealand 22 4 japan 23 and 5 austria 25 the 2007 report showed that the asia pacific region was associated with the highest amount of loss in terms of u s dollars with 14 090 000 followed by the european union with a loss of 12 383 000 the lowest amount of u s dollars was lost in the middle east africa region where 2 446 000 was documented 91 in its 2011 report conducted in partnership with idc and ipsos public affairs the bsa stated over half of the world s personal computer users 57 percent admit to pirating software the ninth annual bsa global software piracy study claims that the commercial value of this shadow market of pirated software was worth us 63 4 billion in 2011 with the highest commercial value of pirated pc software existent in the u s during that time period us 9 773 000 according to the 2011 study zimbabwe was the nation with the highest piracy rate at 92 while the lowest piracy rate was present in the u s at 19 72 the gao noted in 2010 that the bsa s research up until that year defined piracy as the difference between total installed software and legitimate software sold and its scope involved only packaged physical software 84 music industry estimates edit in 2007 the institute for policy innovation ipi reported that music piracy took 12 5 billion from the u s economy according to the study musicians and those involved in the recording industry are not the only ones who experience losses attributed to music piracy retailers have lost over a billion dollars while piracy has resulted in 46 000 fewer production level jobs and almost 25 000 retail jobs the u s government was also reported to suffer from music piracy losing 422 million in tax revenue 92 a 2007 study in the journal of political economy found that the effect of music downloads on legal music sales was statistically indistinguishable from zero 93 a report from 2013 released by the european commission joint research centre suggests that illegal music downloads have almost no effect on the number of legal music downloads the study analyzed the behavior of 16 000 european music consumers and found that although music piracy negatively affects offline music sales illegal music downloads had a positive effect on legal music purchases without illegal downloading legal purchases were about two percent lower 94 the study has received criticism particularly from the international federation of the phonographic industry which believes the study is flawed and misleading one argument against the research is that many music consumers only download music illegally the ifpi also points out that music piracy affects not only online music sales but also multiple facets of the music industry which is not addressed in the study 95 media industry estimates edit in a march 2019 artic...
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