When we hear about the evils of music piracy, the general reaction is to make a joke of it: ‘Oh, the poor multi-million dollar musician won’t be able to buy his custom-made, guitar-shaped swimming pool!’ We may laugh, but the fact is that the ever-increasing problem of piracy is not only burning a hole in the music industry, it is also funding criminal activities and making life harder for local bands to get deals.
The many forms of piracy have been around for a while now. Since the rise and fall of Napster, music lovers the world over have been subjected to lecture upon lecture on the problems with illegally downloading MP3 files. At this stage, it may sound like a broken record, but as times change and piracy gets more sophisticated, it remains an issue that is both serious and detrimental to the music business.
Sean Murtagh, head of anti-piracy operations at the Irish Recorded Music Association (IRMA) is fully aware of the problem. “What we’re doing this year, for the first time ever, is starting to take legal action against serial up-loaders of music," he says. "In other words, people who are sharing files with others in the on-line community, on networks like Rockster and Kazaa. We started off with 17 legal actions in April this year, civil legal actions against people at home sharing their music with the world at large.”
However, suspect surfers aren’t the only ones to blame here. Not by a long shot. It’s the lowly CD that’s been causing hassle: as of 2003, one in three records worldwide is a pirate. It’s an industry in itself, and one that blatantly rips off the record companies while, in a lot of cases, funding criminal activity. “The difference with pirates is that they’re tracking the charts,” explains Murtagh, “and selling what’s in them already, whereas the industry has to market new acts all the time.”
Copying onto CDR is the fastest growing form of piracy in the world. The introduction of CDs in the '80s may have seemed harmless enough at the time. But with low manufacturing costs comes easy home recording, and as there’s a computer-complete-with-CD-burner in the majority of households, CD piracy is at an all-time high. And yes, that does include the compilation of current favourites you just made for your best-friend.
The figures speak for themselves: in 2003 IRMA seized approximately 20,000 CDRs. In 2004, that number nearly doubled to 38,085. In 2003, 60 CDR burners were seized. A year later, the total had increased to 157. Clearly, this phenomenon is on the rise. So what’s being done about it?
For a start, IRMA have their own team of investigators, recognized by the courts as experts in the field. If they come upon something illicit, under the Copyright Act and Trademarks Act, Gardai are allowed to enter premises or vehicles and take pirated products. And if that just so happens to be your home or car, there’s a number of prospects to look forward to.
“Since we brought in new copyright legislation in 2001,” warns Murtagh, “the fines are now up to €1,900 per CD, and that theoretically has no limit. So if you’re caught with 1,000 CDs, you could be in serious trouble. As well as that, the judge can also impose a prison sentence of up to 12 months. If the case is serious enough and goes to the Circuit Court, the maximum fine rises to €120,000, or five years in prison, or both.”
In any case, here’s the bottom line. Music piracy is a $5 billion industry worldwide. In Ireland, the losses amount to €3.8 million every year. The common assumption is that this money is taken from Irish superstars, such as U2 or The Corrs, and we’re all pretty sure that they can spare the change. Unfortunately, this is not the case. In fact, those who ultimately suffer are not the rich and established, but the poor and hopeful.
According to Murtagh: “Of the money that the record companies make in profit, obviously a portion has to be ploughed back into breaking new acts. And if there isn’t as much money being made in the industry, there’s not as much money to put back into A&R, to discover new acts and to bring new music into the charts. To market it so that people get to hear it.”
As a result, he says, small-time musicians will suffer.
As a hotpress reader, you must have at least a moderate interest in music. You are probably obsessed with it. The temptation to get free CDs is strong. Downloading seems so easy. However, especially in the run-up to Christmas, we must think in the long-term. If new artists cannot be signed because of a lack of money in the industry, there won’t be anything worth downloading. The world of music will become unimaginative and boring due to a lack of new talent and sounds.
As Sean puts it, “It’s the musicians of today who are suffering: not the big artists, just the small guys who are trying to break it.”