Enforcing online rights Ute Decker Senior Legal Adviser, Legal Policy and Regulatory Affairs

What is the problem? 900M infringing music files on the internet overall.900M infringing music files on the internet overall. Up slightly (3%) compared to Jan 2005 (870 million) while installed broadband lines grew four times faster at 13%.Up slightly (3%) compared to Jan 2005 (870 million) while installed broadband lines grew four times faster at 13%. Down from peak in April 2003 (1.1 billion).Down from peak in April 2003 (1.1 billion). IFPI Digital Music Report

Internet piracy trends

Industry initiatives - not just litigation New business modelsNew business models New technologiesNew technologies

Industry initiatives LicensingLicensing One-stop licensing in –34 countries for ‘simulcasting’ –32 countries for ‘webcasting’

Industry initiatives Public awarenessPublic awareness – –

Industry initiatives Public awarenessPublic awareness 45 million instant messages in –US –Australia –Austria –Canada –Denmark –Finland –Germany –Ireland –Japan –Netherlands –Sweden –UK

Industry initiatives EnforcementEnforcement –Co-operation with service providers

How do you find infringers? How do you find infringers? By IP address. Only the ISP which assigned this IP address to its customer can identify the individual. Civil ‘discovery’ US – DMCA notice or civil discovery order UK, DK – pre-litigation order against ISP Criminal procedure Germany, France, Austria, Italy, Finland (civil cases can be appended) Data privacy compliance EU – ‘litigation’ or ‘legitimate interest’ exceptions to general rule.  This process needs to be speedy and inexpensive. Co-operation of ISPs is vital.

Legal cases ‘High profile’ cases against services and major sources of supply‘High profile’ cases against services and major sources of supply Download service cases: MP3.com, Puretunes (USA), Weblisten (Spain), allofmp3.com (Russia): Unlawful reproduction or making available

Legal cases ‘High profile’ cases against services and major sources of supply‘High profile’ cases against services and major sources of supply Links cases: Beckers (Belgium), Olsson (Sweden), Koda (Denmark), Bruvik, Napster.no (Norway), Cooper (Australia): Primary infringement, or aiding and abetting

Legal cases ‘High profile’ cases against services and major sources of supply‘High profile’ cases against services and major sources of supply Cross-border cases: SOCAN v. Canadian Internet Service Providers (Canada): Cross border internet transmissions are covered in country of reception

Legal cases ‘High profile’ cases against services and major sources of supply‘High profile’ cases against services and major sources of supply P2P cases: Japan MMO (Japan), Soribada (Korea), Napster, Aimster, Grokster (USA), KaZaa (Australia): Direct or contributory and vicarious liability

Legal cases against P2P uploaders Largest wave of cases (963) announced in 11 countries on 12 April 2005Largest wave of cases (963) announced in 11 countries on 12 April ,000 cases in US 1,652 actions in 11 other countries –UK (civil) –France (crim., civil) –Germany (crim., civil) –Italy (crim.) –Canada (civil) –Denmark (civil) –Austria (crim., civil) –Netherlands (civil) –Finland (crim., civil) –Iceland (crim.) –Japan (civil) More to follow

PR: preparation and follow - up - Key messages conveyed  File-sharing copyrighted music may be illegal.  Legal remedies and sanctions apply.  Legal alternatives exist.

Objectives / measures of success 1.Public awareness > 70% 2.Legitimate services / sales –Over 1.5 million tracks available –300 services world-wide –200 European services –iTunes, Napster, HMV, Virgin MSN, Rhapsody –Over 180 million tracks downloaded in H (vs. 157 in the whole of 2004)

Needed from governments Adopt adequate lawsAdopt adequate laws Support the marketSupport the market Fight piracyFight piracy 1. Improve enforcement legislation 2. Protect copyright technologies 3. Encourage market- based licensing 4. Encourage ISP co- operation 5. Monitor and ensure effective enforcement

contact: Ute Decker Global Legal Policy and Regulatory Affairs IFPI London

representing the recording industry worldwide