COPYRIGHT AND COPYRIGHT INFRINGEMENT SOME MEASUREMENT AND POLICY ISSUES The views expressed are those of the author in his private capacity and do not necessarily represent those of the OECD or its Member governments. Piotr Stryszowski, OECD

1. The Economic Impact of Counterfeiting and Piracy (completed + update) 2. Piracy of Digital Content (module A completed) 3. Copyright in the Age of the Internet (scoping in progress) Relevant OECD work:

Infringement of copyrighted products –Tangible products that infringe copyrights (e.g. CDs DVDs) –On-line piracy OECD Project of counterfeiting an piracy:

Tangible products that infringe copyrights (e.g. CDs DVDs) –Marginal costs of production –Commodity good –Commercial transactions – proxy for value –Legal certainty Infringement of copyrighted products

Tangible products that infringe copyrights (e.g. CDs DVDs) –Problems with data (clandestine operations) –Focus on international trade –Customs seizures + trade data (UNCTAD) –OECD Study update (general number; not copyright specific) Infringement of copyrighted products

On-line piracy –No marginal costs of replication –No transport costs –Global market (the Internet) –Often out of monetary environment –“Legal uncertainty” Infringements of copyrighted products

On-line piracy, “Legal uncertainty” –Definition of infringement differs across jurisdictions –Exceptions matter (terms such as “ friends”, “distribution” or “possession”) –Technology creates “safe harbors”. –Regulations not enforced Infringements of copyrighted products

Not properly enforced Insufficient public enforcement resources Low priority in courts Protection of locals Courts often lenient because counterfeiting and piracy are not considered to be serious crimes Penalties do not always deter, so high rate of repeat offenders Laws & regulations often ineffective

On-line copyright (infringement), data issues © legislation: –Multidimensional (strong / weak, exceptions) –Enforcement issues © industry: –Some © goods out of monetary environment –No firm level data on © –IP bundles (© and patents; © and trade secrets) –Internet economy (consumption / production) Infringements of copyrighted products

FURTHER INFORMATION AVAILABLE Piotr Stryszowski OECD 2, rue André-Pascal Paris CEDEX 16 France Phone: (33) Fax: (33)