Ramon Lobato identifies the six faces of piracy in his book Shadow Economies of Cinema. The most easily identified face of piracy is
theft. Lobato describes this face as “an
act of social and economic deviance- that is, as theft” (72). He goes on to describe the measures that the
Motion Picture Association of America (MPAA) has taken to prevent piracy. First, the MPAA tried to link piracy with
prostitution rings and terrorism, which was not successful. They then took a more proactive approach towards
the youth in regards to piracy. The MPAA
sponsored an essay contest where submitting an essay would get you a free
studio tour. Lobato’s final point is
that organizations like the MPAA way overestimate piracy losses because they
assume that every pirated item would have been bought and sold in a retail
venue. Lobato does a good job calling
out the industry out on this saying “the war on piracy also needs to be
understood as a public relations exercise aimed at reinforcing a deferential
relationship to copyright and showing the vulnerable side of a powerful
industry” (74). This short passage does
a fantastic job showing that the fight against piracy, for a company like MPAA,
is about more than just the revenue leakage.
Jason Koebler elaborates on what Lobato is hinting at
towards the end of this passage. Koebler
describes that piracy actually helps musicians sell albums in his article Album
Piracy May Help Musicians Sell.
Koebler describes a study done by Robert Hammond that shows sharing
albums on file sharing sites prior to its release date do not hurt sales but
may actually help them. Hammond watched
over 1,000 albums that were leaked on BitTorrent, the end results were positive
for the album. Albums that were shared
30 days in advanced averaged an extra 60 copy sold. In the grand scheme of album sales this
difference is practically nothing.
Hammond ends by saying that the results of his study are “good news for
individual artists but not necessarily good for the industry”.
Hammond’s result undermines the “Industries” excuse for
taking a rigid stance on copyright infringement. Lobato claims that the purpose of copyright
as regulatory system is to ensure that levels of protection for IP
rights-holders; thus in this instance the artists (the creators who own the IP
rights) are capturing more profits from this copyright infringement, but the
labels cannot collect on it. While
piracy will always be a form of theft Koebler’s article undermines the
“industry” reasoning for such a rigid stance.
Koebler shows exactly what Lobato is hinting towards in the final part
of his “Piracy As Theft” section and that is: Piracy is not about IP rights,
artists losing money, or any of that but instead about major studios receiving
a cut. This new “Big Brother” is the
only one losing money on piracy will lessen the sympathy of the public. Piracy as theft may not be a face at all, but
instead a mask major corporations have used for years.