This section looks at commercial music piracy - the copyright infringement that takes place when an individual or organisation generates income through the unlicensed sale or distribution of music.
What is commercial music piracy?
Commercial music piracy is a type of copyright infringement that takes place when an individual or organisation generates income through the unlicensed sale or distribution of music.
It is not the same as the copyright infringement individuals commit via mass distribution over the internet, or unlicensed copying for personal use in the home - which is no less damaging to industry - but is differentiated by the financial gains and the structure of the industry.
Although commercial music piracy takes place both digitally and physically, this section focuses upon the work of our anti-piracy unit in combating physical piracy; the most common form of which is the distribution and sale of illegally copied CDs.
There are three different types of illegally copied CDs:
1. Bootleg
Recordings of live performances - either of a concert or a broadcast - made without the permission of the artist and/or rightsowner.
2. Counterfeit
Replicas of legitimate recordings including packaging and graphics.
3. Pirate
These are duplicates of original sound recordings, which are then marketed on other labels with different packaging and graphics.
Compilations are common, whether greatest hits packages or collections of songs of a specific genre. DVDs of compressed digital files, commonly sold at computer fairs, can easily contain an artist's entire back catalogue.
How big is the problem?
i) Domestic music piracy
The music piracy business has changed dramatically in recent years. As duplication equipment becomes more affordable, the low-risk, high-return aspect of counterfeiting has made it attractive to dangerous, organised career-criminals.
Counterfeiting is particularly high in regions of low incomes and high unemployment. High margins, decreasing cost of duplication equipment and more organised criminal gangs entering the trade exacerbate the problem.
ii) International music piracy
The UK suffers badly internationally as its recording industry is the second biggest in global terms - second only to the US as a source of repertoire. The BPI works with sister organisation the IFPI to combat international music piracy.
How BPI fights commercial music piracy
i. BPI Anti-Piracy Unit
The BPI coordinates a team of regional investigators who work with enforcement agencies to tackle the problem.
The BPI's investigators do not have powers of arrest, but work with other intellectual property owners (e.g. film, games, software) to support law enforcement agencies (Department for Work and Pensions, Patent Office, Trading Standards and Police) to provide expert verification and provision of evidence.
The BPI targets major counterfeiters - those involved in the manufacture, importation, distribution and sale of significant numbers of counterfeit music. It provides legal support to its members and enforcement agencies in private cases, and training for the law enforcement and government agencies who carry out prosecutions.
ii. Working with the Alliance & Third Parties
The BPI, FACT (films) and ELSPA (games) are members of the Alliance Against Intellectual Property Theft (AAIPT)- a group of organisations representing over 500 of Europe's best known brands and creative and retail businesses that brings together copyright and trademark bodies to lobby for better protection against intellectual property crime.
The BPI formed an enforcement alliance with the DWP, FACT and ELSPA in 2003, after investigations revealed that many music pirates were also claiming benefits. Around 80% of counterfeiters are estimated to be illegally claiming benefits, according to the Northern Ireland Orgs Crime Task Force.
iii. Lobbying for Legislative Change
As the representative voice of the recorded music business the BPI is responsible for developing and communicating policy with political audiences. Please see the Policy & Lobbying pages in Our Work, for full details of the BPI's lobbying work.
Information for enforcement groups
i. Police & Trading Standards - How we can help
The BPI APU has seven regional investigators covering the UK, one Bollywood expert, three internet investigators and a technical expert in product identification.
The Unit pro-actively investigates both physical and digital piracy. We can make covert test purchases both in the physical market place and online where we also use specialist software to capture and image infringing sites. We conduct all our enquiries in accordance with ACPO guidelines and produce professional evidence packs to enable law enforcement to take action.
We have a dedicated Intelligence Manager (tom.dempster@bpi.co.uk) and because we have several signed agreements already in place with different Police and Trading Standards authorities and UKIPO, he is able to exchange and help to develop information.
If given prior warning we can assist in searches by:
- providing instant identification of offending products,
- assisting in the safe recovery of computers and other storage devices,
- producing statements immediately on completion of the search,
- providing technical assistance and guidance in interviews.
We can also assist post investigation by providing the following:
- We examine the seized product and provide expert evidence and statements as to why the product is infringing.
- In certain circumstances we can provide independent forensic examination of computers and other media storage devices.
- We coordinate all industry copyright and trademark statements.
ii. What offences are committed?
The APU will provide advice on what are appropriate charges but as a guideline the following offences should be considered;
- Dealing in Infringing Copies of Copyright Works contrary to section 107 of the Copyright, Designs and Patents Act 1988 (‘CDPA’).
- Dealing in Infringing bootleg (live performances) copies of Copyright Works contrary to section 198 of the Copyright, Designs and Patents Act 1988 (‘CDPA’).
- The Unauthorised Use of a Trade Mark contrary to section 92 of the Trade Marks Act 1994 (‘TMA’).
- Money Laundering contrary to sections 327, 328 and 329 of the Proceeds of Crime Act 2002 (‘POCA’).
- Conspiracy to Defraud, a common law offence although the maximum penalty (10 years’ imprisonment) is specified in section 12(3) Criminal Justice Act 1987.
- Fraud Act 2006.
iii. How to identify pirate product
1. The most common product is a copied CD. This is usually produced on a CD-R and can either have some copied artwork with it in a jewel case, or in its most basic form a single disc with a hand-written title on it in a plastic sleeve.
2. A MP3 disc. This is similar in appearance to the above-mentioned CDR, but instead of a single album on the disc there can be 10 or more. These too can come with associated art work
3. A bootleg CD, which is an illegal copy of a live performance of an artist.
4. There are also high quality imported counterfeit discs but these can generally only be detected following expert examination by us.