Piracy in the Film Industry - Essay Example

Piracy in the Film Industry Introduction Within the film industry, piracy has been a topic surrounded by various degrees of controversy. Piracy is the illegal copying and distribution of a film; these are usually films that have yet to be released for purchasing to the general public and are therefore obtained without the acknowledgement and permission of the production company. Piracy has also become an option at owning a released movie without paying for it. While some sectors and branches of the film industry feel that there is little that can be done about piracy, they are still among those that would like to see a more permanent solution take place to stop piracy from happening. Each year, due to piracy, whether via Internet downloads or bootleg DVDs, the film industry loses billions of dollars because people have stopped purchasing their products in a legal manner. The act of piracy "Downloading copy-written material has moved from the hackers basement into the common household. With more media than ever being shared online, Hollywood is faced with an ever increasing threat" (Lasheras, 2009). Piracy used to be an act that was performed by a select few, usually those that were really talented with working their way around computer systems. However, due to the increase of technology, the skills to achieve piracy are available for anyone who seeks it, owns a computer, and has connection to the Internet. Whether it involves sneaking a video camera in to a movie theatre or ripping a DVD to a computer to make multiple copies, people are finding ways to avoid paying for movies. They are also finding plenty of ways to share these illegal copies with others, forming a community of movie pirates. While it is usually the potential consumer that can be blamed for piracy, there have been many piracy acts that have involved someone within the movie project itself. For example, before its theatre release, an unfinished full-length version of X-Men: Origins Wolverine was leaked onto the Internet (Marikar, 2009). As it is an unfinished version, the only people that could have gotten a hold of it are those actually working on the project; therefore, the only people that can have leaked it were within that film company. Though the movie was removed immediately from the Internet, it had been available long enough for others to begin downloading it. 20th Century Fox, the distributer of the film, is concerned with what this leakage will do to the box office income of the film when it is released. Other movies that were leaked prior to their releases are Hulk and Star Wars: Revenge of the Sith, both of which were followed by law suits when the box office income did not meet the production budget. While people associated with the film industry may not be helping stop piracy by leaking footage themselves, those that are actually spreading the footage are doing the most damage. Peer-to-peer programs, which are programs that allow people to share media over the Internet, are the most common methods of passing around illegally obtained movies. They are also the most easiest methods of obtaining these illegal downloads. The fact that these programs are in existence do not help the anti-piracy cause; most people feel that if companies make these programs ready and available, that they should not be the ones to get in trouble if they use what the companies offer. Who piracy affects Piracy affects nearly everyone within the film industry, especially those that are connected with the movies distribution. A percentage of the money that is made from the purchasing of movie tickets goes to the distribution company, where it is then divided amongst those that worked on the production of the film, such as the director, producer, and the director of photography. The number one goal of a film company and distribution company is to make the same amount or more than what was spent on the budget to make the film. If it below that standard, then the film is considered a failure. When people do not pay to see or purchase these movies, these filmmakers cannot meet their quota and their jobs become greatly affected by it. There are some instances when, after a movie has been leaked, the distribution company decides not to release it into theatres. When this happens, honest, willing-to-pay moviegoers are punished by being among those that do not get to see the film; many of these people will still refuse to obtain it illegally via the Internet and peer-to-peer programs. Again, when the movie is not released, there is no box office income, so those connected to the film get paid less because they are not meeting their budget quota. Piracy also affects the stores that purchase and sell the movies upon release. They, too, do not get the money that they expected in DVD sales because, due to piracy, nobody feels the need to buy them. These stores also unwillingly face the unwanted truth that they will have spent more to get the stock of DVDs in their store than they will end up making by selling them. Piracy has the ability to do a lot of damage to a lot of companies, even to those that are not directly connected to the film industry. The price of piracy "MPAA (Motion Picture Association of America) studios lost $6.1 billion to piracy in 2005 [...]. Of the $6.1 billion in lost revenue to the studios, $1.3 billion came from piracy in the United States and $4.8 billion internationally, with nearly half of that loss occurring in Europe. About $2.4 billion was lost to bootlegging, $1.4 to illegal copying and $2.3 billion to Internet piracy" (Anon., 2006). Piracy causes more damage to the film industry than people think; it is too much to hope that if people realized what they were doing to this industry, that they would become more supportive and legally purchase their movies. The figures aforementioned are constant every year and what is more is that they tend to increase rather than decrease. Due to those numbers, the film industry is losing the revenue that it needs to continue producing excellent quality movies. It has come to the point where more money is being taken from the film industry than is being put into it. The film industry is an industry that runs off of how much money it makes; if it does not make the money that it needs to, it will not be able to function in the ways that it should. Productivity will go down, which will further decrease the money that the industry is making. And it all comes down to the people who think that the illegal way is the best way; while it might be easier for them instead of spending their money, it does not have positive effects on the other side of the rope. Major areas of concern Due to piracy, film companies are quickly losing the means to make excellent quality films. The careers of these hardworking filmmakers are slipping down the drain because people are unwilling to pay for products that are not rightfully theirs. The revenue that they get also ensures that they are able to take on more projects; the less money they have, the fewer projects they are capable of doing (Durie et al., 1998). The money from ticket purchases and DVD sales goes towards newer equipment, to help keep the quality of the movie as up-to-date with the technology as much as possible. The history of the film industry is in the hands of those that commit acts of piracy. Another area of concern is how very little is actually being done about the piracy. While there are many being punished for what they are doing, piracy is still as widespread as ever; not enough people are being punished, so they feel that it is okay that they are doing what they are. More action needs to be taken to stop piracy from spiraling completely out of control. The problem is that there are too many people involved in piracy and not enough people fighting against them, so it is difficult to pinpoint and punish all of them. Again, those that are not being caught will continue to pirate movies, thinking that they will never be caught. It becomes a domino effect that will only quickly become uncontrollable. Points of conflict There is only one major conflict within the film industry in regards to piracy, and that conflict has to do with who they should target and punish first (as well as how hard they should be punished): the people within the industry that are aiding piracy, or those outside of the industry. Needless to say, when someone within the film industry leaks footage for the public to see, they becomes traitors not only to their company, but to the film industry as a whole. It is part of their contract to remain mum on any information and to not reveal footage in regards to a movie project until given permission. There are many in the film industry that feel that it would be easier to punish the one person in the film industry than the millions of others that are committing piracy. After all, if that one person had not leaked the footage, the millions would not have been able to get a hold of it. Those in the film industry that commit piracy can also be punished for more than copyright infringement; they can be charged for breaching their contract, and they can lose their jobs. In the film industry, once you are fired, it is very difficult to get another job, especially if you were fired for something as serious as copyright infringement. No film company will trust you after that. The other side of this conflict is that everyone involved in piracy and copyright infringement should be punished and fined, whether they are the ones to leak the footage, the distributor, or the one purchasing the stolen content. They are all aiding in the downfall of the film industry. The only flaw in this is that it is difficult to track down everyone that is involved in piracy, especially those that buy bootleg DVDs; it is easier to trace illegal downloads from the Internet, though more difficult to trace a transaction done in person. Preventing piracy: Actions and Suggestions Copyright infringement and piracy have always been punishable by law, as is written before every feature presentation (Crowell, 2007). Clearly, though, this notice is ignored, as copyright infringement continues to rise. Since it is a legal offense, those that are caught doing it are required to pay a fine and are sometimes imprisoned; in many cases, both punishments are given. Unfortunately, the threats of a fine and imprisonment are not enough to stop others from committing piracy. Other actions are being taken, though more to get the negative acts of piracy noticed in attempts to convince people of how wrong it is, as opposed to just punishing those that get caught. Many campaign companies against piracy have popped up and have joined film companies to help send out the message that piracy is an illegal act and is punishable by law. The Piracy is a Crime campaign is one of the biggest campaigns in the United Kingdom, using "hard-hitting messages including: Terrorist groups sell DVDs to raise funds (Youngs, 2004)." While the United Kingdom may not be the only country involved in piracy, they are the biggest, so campaign companies and film companies are eager for their message to hit the hardest there. Another campaign method has involved adding in small anti-piracy shorts before feature presentations on DVDs. These shorts, though, instead of taking the usual stand on trying to shame people into not buying pirated DVDs or downloading illegal copyrights, have taken a more positive approach by thanking the audience for legally purchasing films and for supporting the film industry (Sweney, 2009). Unfortunately, merely telling people that it is wrong to pirate DVDs is not enough to get them to actually stop. Unless people are shown being punished for what they are doing, the message is not going to be as widespread as the campaign companies could hope. Though the film industry is a bit edgy about punishing someone who has only illegally downloaded one DVD, it is something that should be done, otherwise they will only be condoning that action. If the person gets away with only one illegal download, what is to stop them from downloading more? My suggestion is that the film industry really needs to crack down on anybody participating in this illegal act. There have been lawsuits brought on by film companies against movie pirates that have downloaded or sold copious amounts of DVDs; while it does help to get the more active criminals off of the market, it still is not putting a dent in how many pirates there are out there. Telling a criminal that what they are doing is wrong will not have the same effect than if they were actually punished for what they were doing. I also believe that these peer-to-peer companies should be targeted with law suits and punishments, as they are making illegal downloading simple. If these programs did not exist, it would be more difficult for people to share the illegal copies of movies. The film industry needs to strike at the root of the problem if they want to see any change. They need to shut down these companies and charge them for piracy. They are as guilty for piracy as those that actual upload the illegal movies for downloading; in fact, I believe that they are even more guilty, because they are aiding others to pirate movies. They are sitting back, watching these crimes take place without doing anything to stop it. Conclusion Piracy has become the biggest, most uncontrollable downfall to the film industry. It is an issue that is hard to keep up with because of how constant and widespread it is. There is simply too much to handle all of it, so some people are capable of escaping punishment. When they are not punished, they feel that what they are doing is condoned and they continue to do it and encourage others to do it. Unfortunately, the more that it is done, the more damage that is done to the film industry worldwide. Piracy is something that needs to be stopped before further damage is done; people need to be punished for their criminal offenses, and others need to realize that by purchasing DVDs in a legal manner, that they are helping and improving the film industry. Those that commit piracy are only wrecking it, rendering the works of hardworking filmmakers as pointless, as they are not getting the money that they deserve. References Anonymous, 2006. Worldwide study of losses to the film industry & international economies due to piracy. Motion Picture Association of America [Online]. Available at: http://www.fact-uk.org.uk/site/media_centre/documents/2006_05_03leksumm.pdf. [Accessed 11 April 2009]. Crowell, T., 2007. The pocket lawyer for filmmakers. 2nd ed. Burlington (MA): Focal Press. Durie, J. et al, 1998. Marketing and selling your films around the world. Los Angeles: Silman-James Press. Lasheras, L., 2009. How piracy is changing the film industry. Digital Journal: Entertainment [Online]. Available at: http://www.digitaljournal.com/article/270475. [Accessed 10 April 2009]. Marikar, S., 2009. Will Wolverine leak prove fatal to film? ABC News [Online]. Available at: http://abcnews.go.com/Entertainment/Movies/story?id=7240197&page=1. [Accessed 11 April 2009]. Sweney, M., 2009. Campaign against film piracy tells moviegoers how precious they are. Guardian [Online]. Available at: http://www.guardian.co.uk/media/2009/apr/02/film-piracy. [Accessed 9 April 2009]. Youngs, I., 2004. Piracy blitz unites film industry. BBC News [Online]. Available at: http://news.bbc.co.uk/1/hi/entertainment/film/3881587.stm. [Accessed 9 April 2009]. Read More