Music piracy: a worldwide issue, different means but same results

Recommendations

Recording Industry Actions. -

- The recording industry must reduce its prices if it does not want to go out of business. People are willing to purchase CD's for themselves or to give them as gifts but CDs are not the only necessity in their lives.

CDs have to be marketed at a reasonable price. Consumers want quality and they don't want to cause harm to all the people involved in the music business. Alternatively, for the people of low economic resources, the recording industry should make popular editions at lower cost.^124(*)

- The recording industry has tried different approaches in its goal to defeat piracy. The use of encryption as a means of protection against illegal duplications is being tried. The results are not favorable because decryption has been converted in another step on the modus operandis of pirates. Putting holograms onto the CDs is another way that has been used to recognize pirated CDs.^125(*) This does not help to eradicate piracy.^126(*) Watermarking digital certifications have also failed in the fight against music piracy. However, technology offers immense possibilities, there may be a technological solution in the future.

Government focus. -

- In the absence of a functioning judicial system and with the inactivity of other governmental representatives, manufacturers must take it upon themselves to reduce piracy. A good example of self-help is FLAPF (Federación Latino Americana de Productores de Fonogramas). Affiliated with IFPI, the FLAPF began a succesful anti-piracy campaign in mid-1996, with 50 people working full-time to combat the problem. The campaign began with a focus on Argentina, Brazil, Mexico, and Paraguay, with the last being identified as the worse case.^127(*)

Peruvian authorities lack the capacity to deal with this problem and the Peruvian Government does not have the economic resources to train adequately its personal involved in the fight against piracy. Other Latin American Governments face a similar situation. The RIAA, the FLAPF and/or the IPFI can offer training to judges, prosecutors and police in order to expedite criminal prosecutions for piracy.

- Online Piracy in not a major problem in Peru or in most countries of Latin America. . The Peruvian Congress must enact Internet p1iracy legislation before it becomes a serious challenge. In the meantime, the recording industry and others affected by piracy must work towards a more efficient solution. A solution that prevents infringement without restricting access, in order to avoid an open conflict with consumers.

- As long as there is consumer demand for pirated prices, counterfeiting will exist at some level. The best way to combat effectively piracy is to educate consumers, to create a customer's culture.

- Piracy is a threat to countries' development. It discourages innovation by rewarding imitation. Intellectual Property infringement is an obstacle to a nation's prosperity.  

What kind of society do we want? Cultural aspects aside, I am sure everybody agree we want a society in which the effort and hard work of each individual is respected and compensated.

* ¹²⁴ For example, instead of a fancy booklet add only a sheet with the basic: names of the songs and author; replace the tray card for a plastic wrap to protect the CDs. <http://www.larepublica.com.pe/> (accessed Oct. 29, 2002). Peruvian Newspapers such as «La República» and «El Popular» have begun selling cheaper CDs editions (no more than 12 soles - U.S.$ 3.50 approximately) of the most popular domestic artists. Those campaigns were a success.

* ¹²⁵ The Brazilian Government is discussing a controversial new law. Every CD would require bear an individual number. If this law is approved, CDs cost will increase.

* ¹²⁶ RIAA, supra n. 9. People know when they are purchasing a pirate product. CDs are easy to spot. They are typically gold on one side with a greenish tint on the non-graphic or «read-only» side.

* ¹²⁷ RIAA, Latin Music Piracy < www.riaa.com/Protect-Latin.cfm> (accessed Nov 26, 2002). RIAA follow this type of initiative opening an office in 1998 at Miami, the hub for both the legitimate and illegal music market. This new office was created to best serve the U.S. Latin music industry, including Latin labels, artists, songwriters and producers. The opening of the Miami office has resulted in more effective communication with Latin member companies. As a result, RIAA has seized pirate music. (Nearly 50% of all was Latin).

In addition, the RIAA clamped down on illegal CDs manufactured in the United States and shipped to Latin American music markets. One example of this effort turned up 70,000 counterfeit Brazilian CDs en route to Latin America.