Reading Practice: Tackling Media Piracy
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Category: Accessing the Arts
Topic: Tackling Media Piracy
Difficulty: Intermediate-Advanced
Length: 1,005 words
Description: A short academic discussion about global music-piracy policies and how developing countries benefit from having free (or cheaper) access.
Accessing the Arts
Tackling Media Piracy
1 While media piracy has been labelled “a global scourge”, “an international plague” and a “nirvana for criminals”, it is probably better described as a global pricing problem. The combination of high prices for media goods, low global incomes and low-cost digital technologies are the main ingredients of media piracy around the world. If piracy is indeed globally ubiquitous, it is because these conditions are very common too. In Russia, Brazil and South Africa, for example, the price of a CD, DVD or copy of Microsoft Office is, relative to local incomes, five to ten times higher than in the United States or Europe. Lawful media goods are luxury items in most parts of the world, and their media markets are unsurprisingly very small. Industry estimates of piracy rates in emerging markets (68% for software in Russia, 82% for music in Mexico, 90% for movies in India) reflect this disparity and may even understate the overall ubiquity of pirated goods.
2 Acknowledging these price effects is to view piracy from the consumption rather than production side of the global media economy. While piracy imposes an array of costs on domestic and international producers and distributors, it also provides primary access in developing countries to a wide range of media goods, from recorded music to film and software. This last point is crucial in understanding the trade-offs that define piracy and its lawful enforcement in emerging markets. The enormously successful globalization of media culture has not been accompanied by a comparable democratization of media access – at least in its legal forms. In fact, the flood of legal media goods available in high-income countries over the past two decades has been but a trickle in most countries around the world.
3 While the growth of digital piracy since the mid-1990s has indeed undermined a wide range of corporate media models, it has also rebalanced the market and created opportunities and innovations in emerging economies that leverage the new technologies. The most important question is therefore not whether stronger enforcement can reduce piracy and preserve the existing market structure but whether stable cultural and business models can emerge at the low end of these media markets that can address the next several billion consumers.
4 Invariably, industry groups will continue to invoke strong arguments in favour of stronger media control and enforcement. Their key argument is that lower piracy will lead to greater investment in legal markets and that such investment will then lead to economic growth, jobs, innovation and expanded access. It is this logic that has made intellectual property a central subject of trade negotiations since the 1980s. However, while this mechanism certainly operates in some contexts in emerging markets, there are other forces that play a far more meaningful role.
5 Clearly, the common factor for successful low-cost models is neither the creative use of digital distribution nor strong enforcement against piracy, but rather the presence of firms that actively compete on services and price for local consumers. Such competition is endemic in some media sectors, such as in the United States and Europe where digital distribution is reshaping media access around lower price structures. It is widespread in India also, where large national movie and music industries dominate the domestic market, setting prices that attract mass audiences and compete directly with the distributors of pirated media. Furthermore, it is a persistent factor in the business software sector too, where open-source software alternatives, Google, and other free online services limit the market power of corporate commerce.
6 However, with a handful of exceptions, such practice is marginal everywhere else in the developing world, where multinational firms continue to dominate domestic markets. Yet local ownership matters. The domestic market is the primary market of national companies, and those companies will compete for that market. In contrast, multinational pricing in emerging economies signals two rather different goals: (1) to protect the pricing structure in the high-income countries that generate most of their profits and (2) to maintain dominant positions in developing markets as local incomes slowly rise. Such strategies are profit maximizing across a global market rather than a domestic one, and this difference has prohibited real price competition in middle- and low-income nations.
7 Media businesses will either learn to compete downmarket or continue to settle for the very unequal splits between low-priced pirated goods and high-priced legal sales. This is a status quo that appears viable for most sectors of the multinational-driven media business. Software, DVD, and box office revenues in most middle-income countries, for example, have risen in the past decade – in some cases dramatically. While CD sales may have fallen, overall the music industry has grown.
8 When it comes to piracy, the boundaries of domestic and international policy conversation are increasingly narrow. The structure of the legal media economy is almost never discussed. Instead, policy conversations focus on enforcement, such as on strengthening police powers, streamlining judicial procedures, increasing criminal penalties and extending surveillance and punitive measures. This narrowness is increasingly counterproductive for all involved, from developing-country governments to consumers to the copyright interests that drive the global enforcement debate. To be more concrete about these limitations, there is little evidence that enforcement efforts to date have had any impact whatsoever on the overall supply of pirated goods. Rather, piracy has grown dramatically in recent years, driven by the aforementioned factors of high media prices, low local incomes, technological diffusion, and fast-changing consumer and cultural practices.
9 The debate is also notable for its lack of discussion of the endgame, of how expanded enforcement will significantly change this dynamic. Much of what counts as long-term thinking in this debate involves hopes that education will build a stronger “culture of intellectual property” over time. Yet there is no evidence of the emergence of this culture in the numerous consumer opinion surveys conducted on the subject. Nor are there any attempts by industry leaders to articulate reasonable benchmarks for success or limits on the extent of criminal liability. In the end, the strong moralization of the debate makes such compromises difficult.
Word count: 1,005
Adapted from: Social Sciences Research Council (2011) Media Piracy in Emerging Economies. Available at: https://idl-bnc-idrc.dspacedirect.org/bitstream/handle/10625/46491/133005.pdf (Accessed: 13 July 2022).
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