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Text of the page (random words):
wikipedia contact us donate contribute help learn to edit community portal recent changes upload file search search create account log in personal tools create account log in pages for logged out editors learn more contributions talk contents move to sidebar hide top 1 terminology toggle terminology subsection 1 1 piracy 1 2 theft 1 3 freebooting 2 motivation toggle motivation subsection 2 1 developing world 2 2 motivations due to censorship 3 existing and proposed laws toggle existing and proposed laws subsection 3 1 civil law 3 2 criminal law 3 3 non commercial file sharing 3 3 1 legality of downloading 3 3 2 legality of uploading 3 3 3 relaxed penalties 3 4 dmca and anti circumvention laws 3 5 online intermediary liability 3 5 1 definition of intermediary 3 5 2 litigation and legislation concerning intermediaries 3 5 3 peer to peer issues 4 limitations toggle limitations subsection 4 1 non infringing uses 4 2 non infringing types of works 5 preventive measures toggle preventive measures subsection 5 1 legal 5 2 protected distribution 5 3 watermarking 6 economic impact of copyright infringement toggle economic impact of copyright infringement subsection 6 1 motion picture industry estimates 6 2 software industry estimates 6 3 music industry estimates 6 4 media industry estimates 6 5 criticism of industry estimates 6 6 economic impact of infringement in emerging markets 7 pro free culture organizations 8 anti copyright infringement organizations 9 see also 10 references 11 further reading 12 external links toggle the table of contents copyright infringement 50 languages العربية asturianu azərbaycanca বাংলা башҡортса català cymraeg dansk deutsch ελληνικά español estremeñu euskara فارسی français galego 한국어 hausa igbo bahasa indonesia isixhosa қазақша македонски മലയാളം मराठी bahasa melayu nederlands 日本語 norsk bokmål norsk nynorsk ਪੰਜਾਬੀ polski português română русский scots simple english سنڌي slovenščina کوردی српски srpski suomi svenska தமிழ் ไทย türkçe українська tiếng việt 粵語 中文 edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file special pages permanent link page information cite this page get shortened url download qr code wikidata item print export download as pdf printable version in other projects wikimedia commons from wikipedia the free encyclopedia this is the latest accepted revision reviewed on 9 april 2024 illegal usage of copyrighted works for information on handling copyright concerns in wikipedia see wikipedia copyright violations an advertisement for copyright and patent preparation services from 1906 when copyright registration formalities were still required in the us intellectual property authors rights copyleft copyright database right farmers rights geographical indication indigenous intellectual property industrial design right integrated circuit layout design protection moral rights patent peasants rights plant breeders rights plant genetic resources related rights supplementary protection certificate trade dress trade secret trademark utility model related topics abandonware artificial intelligence and copyright brand protection copyright abolition copyright troll criticism of copyright bioprospecting biopiracy idea expression distinction limitations and exceptions to copyright fair dealing fair use paraphrasing right to quote orphan work patent troll pirate party public domain outline of intellectual property outline of patents higher categories property and property law v t e copyright infringement at times referred to as piracy is the use of works protected by copyright without permission for a usage where such permission is required thereby infringing certain exclusive rights granted to the copyright holder such as the right to reproduce distribute display or perform the protected work or to make derivative works the copyright holder is typically the work s creator or a publisher or other business to whom copyright has been assigned copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement copyright infringement disputes are usually resolved through direct negotiation a notice and take down process or litigation in civil court egregious or large scale commercial infringement especially when it involves counterfeiting is sometimes prosecuted via the criminal justice system shifting public expectations advances in digital technology and the increasing reach of the internet have led to such widespread anonymous infringement that copyright dependent industries now focus less on pursuing individuals who seek and share copyright protected content online citation needed and more on expanding copyright law to recognize and penalize as indirect infringers the service providers and software distributors who are said to facilitate and encourage individual acts of infringement by others estimates of the actual economic impact of copyright infringement vary widely and depend on other factors nevertheless copyright holders industry representatives and legislators have long characterized copyright infringement as piracy or theft language which some u s courts now regard as pejorative or otherwise contentious 1 2 3 terminology edit the terms piracy and theft are often associated with copyright infringement 4 5 the original meaning of piracy is robbery or illegal violence at sea 6 but the term has been in use for centuries as a synonym for acts of copyright infringement 7 theft meanwhile emphasizes the potential commercial harm of infringement to copyright holders however copyright is a type of intellectual property an area of law distinct from that which covers robbery or theft offenses related only to tangible property not all copyright infringement results in commercial loss and the u s supreme court ruled in 1985 that infringement does not easily equate with theft 1 this was taken further in the case mpaa v hotfile where judge kathleen m williams granted a motion to deny the mpaa the usage of words whose appearance was primarily pejorative this list included the word piracy the use of which the motion by the defense stated serves no court purpose but to misguide and inflame the jury 2 8 piracy edit pirated edition of german philosopher alfred schmidt amsterdam c 1970 the term piracy has been used to refer to the unauthorized copying distribution and selling of works in copyright 7 in 1668 publisher john hancock wrote of some dishonest booksellers called land pirats who make it their practise to steal impressions of other mens copies in the work a string of pearls or the best things reserved till last by thomas brooks 9 over time the metaphor mostly used in the book trade became more common such that the use of the word pirate itself to describe unauthorized publishing of books was attested to in nathan bailey s 1736 dictionary an universal etymological english dictionary one who lives by pillage and robbing on the sea also a plagiary 10 the practice of labeling the infringement of exclusive rights in creative works as piracy predates statutory copyright law prior to the statute of anne in 1710 the stationers company of london in 1557 received a royal charter giving the company a monopoly on publication and tasking it with enforcing the charter article 61 of the 1994 agreement on trade related aspects of intellectual property rights trips requires criminal procedures and penalties in cases of willful trademark counterfeiting or copyright piracy on a commercial scale 11 piracy traditionally refers to acts of copyright infringement intentionally committed for financial gain though more recently copyright holders have described online copyright infringement particularly in relation to peer to peer file sharing networks as piracy 7 richard stallman and the gnu project have criticized the use of the word piracy in these situations saying that publishers use the word to refer to copying they don t approve of and that they publishers imply that it is ethically equivalent to attacking ships on the high seas kidnapping and murdering the people on them 12 theft edit a common explanation for why copyright infringement is not theft is that the original copyright holder still possesses the work they made unlike the theft of an object copyright holders frequently refer to copyright infringement as theft although such misuse has been rejected by legislatures and courts 13 the slogan piracy is theft was used beginning in the 1980s and is still being used 14 15 in copyright law infringement does not refer to theft of physical objects that take away the owner s possession but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization 16 courts have distinguished between copyright infringement and theft 13 for instance the united states supreme court held in dowling v united states 1985 that bootleg phonorecords did not constitute stolen property instead interference with copyright does not easily equate with theft conversion or fraud the copyright act even employs a separate term of art to define one who misappropriates a copyright an infringer of the copyright the court said that in the case of copyright infringement the province guaranteed to the copyright holder by copyright law certain exclusive rights is invaded but no control physical or otherwise is taken over the copyright nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights held 1 freebooting edit the term freebooting has been used to describe the unauthorized copying of online media particularly videos onto websites such as facebook youtube or twitter the word itself had already been in use since the 16th century referring to pirates and meant looting or plundering this form of the word a portmanteau of freeloading and bootlegging was suggested by youtuber and podcaster brady haran in the podcast hello internet 17 18 haran advocated the term in an attempt to find a phrase more emotive than copyright infringement yet more appropriate than theft 18 19 motivation edit some of the motives for engaging in copyright infringement are the following 20 pricing unwillingness or inability to pay the price requested by the legitimate sellers testing and evaluation try before paying for what may be bad value unavailability no legitimate sellers providing the product in the language or country of the end user not yet launched there already withdrawn from sales never to be sold there geographical restrictions on online distribution and international shipping usefulness the legitimate product comes with various means drm region lock dvd region code blu ray region code of restricting legitimate use backups usage on devices of different vendors offline usage or comes with non skippable advertisements and anti piracy disclaimers which are removed in the unauthorized product making it more desirable for the end user shopping experience no legitimate sellers providing the product with the required quality through online distribution and through a shopping system with the required level of user friendliness anonymity downloading works does not require identification whereas downloads directly from the website of the copyright owner often require a valid email address and or other credentials freedom of information opposition to copyright law in general sometimes only partial compliance with license agreements is the cause for example in 2013 the us army settled a lawsuit with texas based company apptricity which makes software that allows the army to track their soldiers in real time in 2004 the us army paid the company a total of 4 5 million for a license of 500 users while allegedly installing the software for more than 9000 users the case was settled for us 50 million 21 22 major anti piracy organizations like the bsa conduct software licensing audits regularly to ensure full compliance 23 cara cusumano director of the tribeca film festival stated in april 2014 piracy is less about people not wanting to pay and more about just wanting the immediacy people saying i want to watch spiderman right now and downloading it the statement occurred during the third year that the festival used the internet to present its content while it was the first year that it featured a showcase of content producers who work exclusively online cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free i think that if companies were willing to put that material out there moving forward consumers will follow it s just that consumers want to consume films online and they re ready to consume films that way and we re not necessarily offering them in that way so it s the distribution models that need to catch up people will pay for the content 4 in response to cusumano s perspective screen producers australia executive director matt deaner clarified the motivation of the film industry distributors are usually wanting to encourage cinema going as part of this process of monetizing through returns and restrict the immediate access to online so as to encourage the maximum number of people to go to the cinema deaner further explained the matter in terms of the australian film industry stating there are currently restrictions on quantities of tax support that a film can receive unless the film has a traditional cinema release 4 in a study published in the journal of behavioural and experimental economics and reported on in early may 2014 researchers from the university of portsmouth in the uk discussed findings from examining the illegal downloading behavior of 6 000 finnish people aged seven to 84 the list of reasons for downloading given by the study respondents included money saving the ability to access material not on general release or before it was released and assisting artists to avoid involvement with record companies and movie studios 24 in a public talk between bill gates warren buffett and brent schlender at the university of washington in 1998 bill gates commented on piracy as a means to an end whereby people who use microsoft software illegally will eventually pay for it out of familiarity as a country s economy develops and legitimate products become more affordable to businesses and consumers although about three million computers get sold every year in china people don t pay for the software someday they will though and as long as they re going to steal it we want them to steal ours they ll get sort of addicted and then we ll somehow figure out how to collect sometime in the next decade 25 developing world edit in media piracy in emerging economies the first independent comparative study of media piracy focused on brazil india russia south africa mexico turkey and bolivia high prices for media goods low incomes and cheap digital technologie...