How to detect, prosecute and avoid the unauthorised use of music via internet?

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What are possible and reasonable methods to detect, prosecute and avoid the unauthorised use of music via internet?

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How to detect, prosecute and avoid the unauthorised use of music via internet?

  1. 1. What are possible and reasonable methods to detect, prosecute and avoid the unauthorised use of music via internet? 1
  2. 2. 95% off all music is downloaded without payment to artists or producers 2
  3. 3. 15.699 lawsuits in Germany 321 million illegal downloads in Germany 34.5 million legal downloads in Germany 3
  4. 4. How to detect illegal filesharing? ISPs can track high downloadvolumes by IP-address Investigating file-sharing networks and track IP-address Investigating illegal hosting-sites/blogs/networks Use Google Alert to detect when somebody is searching for free downloads 4
  5. 5. How to prosecute illegal filesharing? Possible ISP-interaction: - „Three Strikes Out“ - Block pirate sites - Throttle access speed / data volume - Send written warnings in an “informing” way 5
  6. 6. How to prosecute illegal filesharing? Rightholders send a written warning to the source Rightholders sue users of filesharing-networks Rightholders sue operator of illegal filesharing networks/websites 6
  7. 7. How to avoid illegal filesharing in the future? Deterrence through prosecution Concerned person = potential costumer - Image problem for the music industry - Minimum claims limit at court due to unworkable amounts of cases Illegal filesharing networks/websites often located abroad - No universally valid copyright law - Limited legal access to operators of illegal offers 7
  8. 8. How to avoid illegal filesharing in the future? Deterrence through ISP-interaction ISPs have to be put into charge Can't sell their products without media content, so they have to take care, too! Political pressure on ISPs needed 8
  9. 9. How to avoid illegal filesharing in the future? „Three strikes out“ / Block pirate-sites? - Freedom of information and communication? - Is the internet access owner really the filesharer? - Where does „illegal“ start? Throttle download speed/volume Legitimate approach Send written warnings in an “informing” way 9
  10. 10. How to avoid illegal filesharing in the future? Written warnings part of an educational advertising campaign - stating that filesharing is illegal (yes, downloading, too!) - informing about possible aftermath and prosecution - informing about legal alternatives All this packed in a funny and clever advertising idea Rolemodel: „Hart aber Gerecht“ made by the Zukunft Kino Marketing GmbH 10
  11. 11. How to avoid illegal filesharing in the future? Offer a legal product that is worth more than an illegal download Premium content offered with the download file Cross-promotional offers between downloadstores and other providers of music-related-products: tickets, merchandise... 11
  12. 12. Thank‘s for your attention! 12

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