"Piracy - it’s a crime": the criminalisation of digital copyright infringement

Benjamin Farrand

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter seeks to analyse the trend in copyright protection legislation in the EU. Taking into account an increasingly evident ‘shift’ in the discourse of policy-makers regarding on- line copyright infringement, this paper will evaluate the development of increasingly restrictive and prohibitive digital copyright laws, demonstrating how copyright infringement, an area traditionally associated with civil penalties, is subject to a creeping discourse of criminal liability and security rhetoric. Increasingly, digital piracy is being associated with more serious issues such as organised crime and terrorism, as well as being used interchangeably with counterfeiting, leading to confusion and misinformation in the piracy debate.

Whereas research in this field has traditionally focused on legal developments as they occur and ex- post assessments of the legislation in question, this paper seeks to establish the existence of a trend, taking into account why and how this trend has developed. In order to achieve this aim, this paper will not only consider key legal documents and cases, but will also look at policy-forming documents such as Commission Reports, as well as press releases of non-governmental actors in the field of copy- right such as music industry representatives. In particular, these documents will be analysed in order to determine how copyright infringement is phrased, showing the change in the perception of the problem being one of internal market regulation into one of crime and security. Finally, these findings will be applied to recent developments at the EU level such as the European Commission proposal for a Directive for Criminal Enforcement of Intellectual Property Rights, in order to demonstrate how these anti-piracy measures have grave ramifications for the Internet and Internet users.
LanguageEnglish
Title of host publicationNet neutrality and other challenges for the internet
Subtitle of host publicationproceedings of the 7th international conference on internet, law & politics Universitat Oberta de Catalunya
EditorsAgustí Cerrillo-i-martínez, Miquel Peguera, Ismael Peña-López, Mònica Vilasau Solana
Place of PublicationBarcelona, Spain
Pages137-156
Number of pages19
Publication statusPublished - 2011
Event7th International Conference on Internet, Law & Politics - Barcelona, Spain
Duration: 11 Jul 201112 Jul 2011

Conference

Conference7th International Conference on Internet, Law & Politics
CountrySpain
CityBarcelona
Period11/07/1112/07/11

Fingerprint

piracy
criminalization
offense
trend
EU
legislation
counterfeiting
Internet
discourse
organized crime
intellectual property
European Commission
right of ownership
liability
penalty
terrorism
rhetoric
music
regulation
Law

Keywords

  • piracy
  • crime
  • criminalisation
  • digital copyright infringement
  • copyright law
  • digital piracy

Cite this

Farrand, B. (2011). "Piracy - it’s a crime": the criminalisation of digital copyright infringement. In A. Cerrillo-i-martínez, M. Peguera, I. Peña-López, & M. Vilasau Solana (Eds.), Net neutrality and other challenges for the internet: proceedings of the 7th international conference on internet, law & politics Universitat Oberta de Catalunya (pp. 137-156). Barcelona, Spain.
Farrand, Benjamin. / "Piracy - it’s a crime" : the criminalisation of digital copyright infringement. Net neutrality and other challenges for the internet: proceedings of the 7th international conference on internet, law & politics Universitat Oberta de Catalunya. editor / Agustí Cerrillo-i-martínez ; Miquel Peguera ; Ismael Peña-López ; Mònica Vilasau Solana. Barcelona, Spain, 2011. pp. 137-156
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Farrand, B 2011, "Piracy - it’s a crime": the criminalisation of digital copyright infringement. in A Cerrillo-i-martínez, M Peguera, I Peña-López & M Vilasau Solana (eds), Net neutrality and other challenges for the internet: proceedings of the 7th international conference on internet, law & politics Universitat Oberta de Catalunya. Barcelona, Spain, pp. 137-156, 7th International Conference on Internet, Law & Politics, Barcelona, Spain, 11/07/11.

"Piracy - it’s a crime" : the criminalisation of digital copyright infringement. / Farrand, Benjamin.

Net neutrality and other challenges for the internet: proceedings of the 7th international conference on internet, law & politics Universitat Oberta de Catalunya. ed. / Agustí Cerrillo-i-martínez; Miquel Peguera; Ismael Peña-López; Mònica Vilasau Solana. Barcelona, Spain, 2011. p. 137-156.

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

T1 - "Piracy - it’s a crime"

T2 - the criminalisation of digital copyright infringement

AU - Farrand, Benjamin

PY - 2011

Y1 - 2011

N2 - This chapter seeks to analyse the trend in copyright protection legislation in the EU. Taking into account an increasingly evident ‘shift’ in the discourse of policy-makers regarding on- line copyright infringement, this paper will evaluate the development of increasingly restrictive and prohibitive digital copyright laws, demonstrating how copyright infringement, an area traditionally associated with civil penalties, is subject to a creeping discourse of criminal liability and security rhetoric. Increasingly, digital piracy is being associated with more serious issues such as organised crime and terrorism, as well as being used interchangeably with counterfeiting, leading to confusion and misinformation in the piracy debate.Whereas research in this field has traditionally focused on legal developments as they occur and ex- post assessments of the legislation in question, this paper seeks to establish the existence of a trend, taking into account why and how this trend has developed. In order to achieve this aim, this paper will not only consider key legal documents and cases, but will also look at policy-forming documents such as Commission Reports, as well as press releases of non-governmental actors in the field of copy- right such as music industry representatives. In particular, these documents will be analysed in order to determine how copyright infringement is phrased, showing the change in the perception of the problem being one of internal market regulation into one of crime and security. Finally, these findings will be applied to recent developments at the EU level such as the European Commission proposal for a Directive for Criminal Enforcement of Intellectual Property Rights, in order to demonstrate how these anti-piracy measures have grave ramifications for the Internet and Internet users.

AB - This chapter seeks to analyse the trend in copyright protection legislation in the EU. Taking into account an increasingly evident ‘shift’ in the discourse of policy-makers regarding on- line copyright infringement, this paper will evaluate the development of increasingly restrictive and prohibitive digital copyright laws, demonstrating how copyright infringement, an area traditionally associated with civil penalties, is subject to a creeping discourse of criminal liability and security rhetoric. Increasingly, digital piracy is being associated with more serious issues such as organised crime and terrorism, as well as being used interchangeably with counterfeiting, leading to confusion and misinformation in the piracy debate.Whereas research in this field has traditionally focused on legal developments as they occur and ex- post assessments of the legislation in question, this paper seeks to establish the existence of a trend, taking into account why and how this trend has developed. In order to achieve this aim, this paper will not only consider key legal documents and cases, but will also look at policy-forming documents such as Commission Reports, as well as press releases of non-governmental actors in the field of copy- right such as music industry representatives. In particular, these documents will be analysed in order to determine how copyright infringement is phrased, showing the change in the perception of the problem being one of internal market regulation into one of crime and security. Finally, these findings will be applied to recent developments at the EU level such as the European Commission proposal for a Directive for Criminal Enforcement of Intellectual Property Rights, in order to demonstrate how these anti-piracy measures have grave ramifications for the Internet and Internet users.

KW - piracy

KW - crime

KW - criminalisation

KW - digital copyright infringement

KW - copyright law

KW - digital piracy

UR - http://www.strath.ac.uk/internetlaw/researchandpublications/

UR - http://edcp.uoc.edu/symposia/lang/en/idp2011/

M3 - Chapter

SP - 137

EP - 156

BT - Net neutrality and other challenges for the internet

A2 - Cerrillo-i-martínez, Agustí

A2 - Peguera, Miquel

A2 - Peña-López, Ismael

A2 - Vilasau Solana, Mònica

CY - Barcelona, Spain

ER -

Farrand B. "Piracy - it’s a crime": the criminalisation of digital copyright infringement. In Cerrillo-i-martínez A, Peguera M, Peña-López I, Vilasau Solana M, editors, Net neutrality and other challenges for the internet: proceedings of the 7th international conference on internet, law & politics Universitat Oberta de Catalunya. Barcelona, Spain. 2011. p. 137-156