This interview, with David Wood, Director of Anti Piracy, BPI, appears in the forthcoming summer edition of the IFPI’s Right Track magazine.
David runs the BPI’s anti-piracy team of 12: comprising seven regional investigators, two internet investigators, one Bollywood investigator, one technical advisor, and an investigations support officer.
Q: Do you think the UK suffers from a high rate of physical music piracy?
"Compared to some EU countries such as Italy or Spain, no, but an IPSOS study from 2006 estimated that UK sales of illegal physical discs were in the region of 37m. Half of those directly substituted legitimate sales, or, to put it another way, it’s a £165m problem annually. The number of CD-R discs seized has declined since then, but increasingly we’re seizing DVD-R discs that often contain 50 albums per disc. These sometimes sell for as little as £2."
Q: Where do you focus your enforcement?
"There is some roving trade through word of mouth, where discs are sold in pubs, bars, and the place of work: particularly large industrial units. But most sales to consumers take place at open air markets or car-boot sales. The recent Proceeds of Crime Act, means many markets now self-police, because the authorities can recover assets from criminal gain far more effectively, which provides them with an incentive to enforce. Using this legislation, we successfully prosecuted a market organising company and its directors earlier this year, and on the back of the judgment we are raising awareness with market operators. We have already seen a significant reduction in counterfeit sales as a result."
Q: Do you think there is a relationship between organised crime and music piracy?
"Selling copyrighted music, film, games and software on discs without the permission of the rightholders is a cash cow for organised gangs, and different gangs control supply and distribution in different regions. Controlling territory is lucrative. In 2006, a gang of ten from the North East of England received sentences collectively amounting to eleven years. Though they ran a highly organised network, they in turn had to pay £1,000 protection per table to a leading gangland figure from the region just to be allowed to trade. As proved in court, the sellers were making a clear profit in excess of £3,000 per table - so they could afford it."
Q: What is BPI’s working relationship like with the law enforcement authorities in the UK?
"Very close, and it has to be. The BPI does not have the power to arrest. We therefore collect evidence and provide it to the police or trading standards to act upon it. Although we can bring private prosecutions, the vast majority are brought by the authorities. Owing to their regional structure, enforcement can be complex and requires close cooperation. A recent operation saw twenty people prosecuted for controlling the trade in Liverpool and the North West. We worked with two separate police forces, three Trading Standards Authorities and the government department responsible for dealing with benefit fraud. Together, we proved that two organised gangs worked together to run the markets, fix prices and defraud the benefits system.
New alliances are formed all the time. We are currently developing links with the Welsh Regional Intelligence Unit (RIU), a police resource that specialises in developing intelligence and who work closely with the UK Intellectual Property Office. We are now able to submit police enquiries for things like mobile phone records and bank enquiries, and police can lawfully exchange this information with us to case build and ultimately bring about prosecutions. And while we have excellent contacts in most regions, we can use the RIU if we lack a contact in a specific area."
Q: Are ‘traditional’ detective skills useful for combating online piracy?
"Most illegal downloading is done by consumers from p2p networks, but putting that to one side, digital piracy has blurred the lines between “commercial pirate” and consumer. The operation against OiNK was a case in point, a profitable criminal enterprise, but also used by consumers. As a former detective, I can assure you that the traditional skills are essential. Whether it’s a physical or digital investigation, the premise is the same: we gather evidence of illegal activity and then identify the persons behind it using overt and covert methods. Law enforcement officers need clear, watertight evidence that stands up to court scrutiny, and for that detective skills and a deep understanding of the legal system are essential."
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Further information:
BPI Communications Department
The BPI (formerly known as British Phonographic Industry) represents the British recorded music business.
T: +44 (0)20 7803 1395
E: press@bpi.co.uk