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Ordinaryus

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  1. This week Australia's Department of Communications and the Arts published its latest consumer survey on copyright infringement. The data reveal that while there are apparently fewer Aussie pirates, overall spending on music, movies and games is down too. Pirate site blocking does seem to have some effect, even though the survey overstates the effectiveness somewhat. For years on end, entertainment industry insiders have regularly portrayed Australia as a piracy-ridden country. To see if this is indeed the case, the Government conducts annual consumer surveys to study local piracy habits. In recent years, this has revealed a steady decline in piracy. The latest online copyright infringement report, released by the Department of Communications and the Arts this week, suggests that there’s been a steady decrease in the number of people who consume music, movies, and TV shows illegally. This follows the trend that was revealed in earlier reports. According to the Government, 16% of the population can be classified as pirates. This is a drastic drop compared to last year when a similar study found that 32% were pirates. In 2015, when the first survey was taken, the number was even higher at 43%. These are indeed impressive numbers. However, this doesn’t translate directly to more revenue for the entertainment industries. In fact, in many cases revenue appears to be down, based on the survey data. For example, the total spend on music dropped from $88.34 in 2018 to $70.01 in 2019. This is the lowest amount since 2015 when the survey started. The drop is mostly caused by fewer concert and merchandise sales as well as physical music purchases. Although piracy has seemingly plummeted, the percentage of Australians who spend money on music remains unchanged at 46%. A similar decline in revenue is visible for games and movies. For both categories, consumers spend less than in previous years, despite the dropping piracy rates. The only category where spending is up is TV, which saw a big spike in 2019, as shown below. If anything, the survey makes it clear that less piracy doesn’t automatically translate to higher spending. In fact, those who pirate and buy tend to spend much more on average, compared to those who only purchase content 100% legally. The report found that people who consume everything legally spend $42 on average per three months. Their counterparts, who pirate and buy, spend more than twice as much, $84. in the same period. This finding is consistent with previous research indicating that “hybrid” consumers (who pirate and buy) are bringing in the most money, probably because they are the most content-hungry consumers. Another noteworthy finding deals with pirate site blockades, which are increasingly ordered by Australian courts. These are meant to decrease piracy, which the report appears to back up. Of all respondents, only 7% say they will bypass a blocked site if they encounter one. The vast majority, 58%, will simply give up. This suggests that pirate site blocking is extremely effective, but is it? Looking closer at the data we see that the 7% number comes from the entire survey. This means that the responses also include the answers from the 84% who don’t pirate to begin with. These people obviously have no intention to circumvent the blockades. Finally, the report shows that those who say they will circumvent blockades see VPN services as the ideal tool. Of all respondents, 44% mentioned VPNs, which is up from 30% last year. — A copy of the consumer survey on online copyright infringement 2019 is available on the Department of Communications and the Arts website. Source: torrentfreak.com
  2. The European Commission has published an updated list of foreign countries with problematic copyright policies. One of the highlighted countries is Canada which, according to the EU, has too broad copyright exceptions. In addition, the EU suggests that Canada should implement a takedown requirement to ensure that infringing content is swiftly removed by online services. The Canadian Government is no stranger to having its copyright policies critiqued. The US Trade Representative, for example, has repeatedly placed its northern neighbor on a “watch list” because it fails to properly deter piracy. While Canada has made several changes to its copyright regime in recent years, many rightsholders are not satisfied. Through political pressure from foreign governments, they hope to urge the country to address what they see as problematic issues. This doesn’t only take place through the US Government – the European Commission is chiming in as well. Repeating many of the points that were previously highlighted by the USTR, the Commission summarized its main complaints in a report on the protection and enforcement of intellectual property rights in third countries “The Canadian IPR system still features certain shortcomings. Despite recent positive developments, a number of issues remain to be addressed, in particular in copyright and related rights as well as in enforcement,” the European Commission writes. One of the highlighted problems is Canada’s fair dealing rules, which add educational use to the list of copyright infringement exceptions. According to the EU Commission, the language used in the law is too broad, damaging the rights of educational publishers. “Broad exceptions in copyright law are applied in a way that appears to be detrimental to right holders. EU stakeholders are particularly concerned about the fair dealing exception for educational purposes and the exception for non-commercial user-generated content,” the Commission writes. The same issue was previously pointed out by the US Government. That’s also true for the second problem, Canada’s lack of a takedown procedure to ensure that infringing content is removed by online service providers. Canada previously implemented a “notice-and-notice” scheme. This only requires services to alert infringing parties, but it should ideally be complemented with a takedown requirement, the Commission notes. “Stakeholders indicate that the ‘notice and notice’ regime for online copyright infringements, which came into effect in January 2015, still needs to be supplemented by a ‘notice and take down’ requirement, as well as by other measures to encourage all players to address online infringements in an effective way,” the Commission writes. “There is currently no requirement for the internet service provider (ISP) or the user to take down infringing material and the only way to enforce a takedown is via the courts,” it adds. The repeated use of the term “stakeholder” shows that the Commission heavily relies on input from copyright holders. While this is common, it may not be the most balanced approach. Finally, the Commission also points out that many pirate websites are still hosted in Canada. This is a concern, it writes, as rightsholders are not able to request an injunction to have websites blocked by ISPs. That last complaint is outdated, as Canada’s Federal Court recently issued the country’s first website blocking order. This is likely because copyright holders already submitted their complaints before that happened. All in all the complaints are nothing new for Canada’s Government so whether they will make an impact has yet to be seen. The country previously wasn’t very impressed by “one-sided” foreign complaints on its copyright policies. Canada is working on an update of its copyright law. Earlier this year, the Government’s Standing Committee on Industry, Science and Technology clearly rejected a non-judicial site-blocking regime, while it advised keeping the current safe harbor policy intact. — A copy of the European Commission’s Report on the protection and enforcement of intellectual property rights in third countries is available here (pdf). Source: torrentfreak.com
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