E sccr/20/2 Rev Original: English date : May 10, 2010 Standing Committee on Copyright and Related Rights Twentieth Session Geneva, June 21 to 24, 2010



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Europe


14 All the different types of unauthorized signal access are witnessed in some form or the other in the more developed regions of Europe. Analogue cable signal theft has become relatively low due to digitization of networks, relatively cheap access prices, or provision of services as part of housing agreement/apartment rent. Enactment of the EU directive on CA circumvention (CAD) in several European nations has resulted in some success in curbing hardware based unauthorized signal access. In several European countries it is now illegal to sell, advertise or own CA circumvention devices.

15 With increasing broadband penetration, pay-TV pirates have now shifted their focus online. P2P protocol BitTorrent is popular. Sites offering free browser based access to content have also become increasingly popular in Europe. Increases in broadband speeds combined with digitization of content have resulted in in-browser accessibility of near-broadcast quality content – further encouraging consumers to shift their viewing to online sources.

16 Hardware based unauthorized access remains the key form of broadcast signal piracy in CEE (Central and Eastern Europe) countries like Poland, Czech Republic, and while in Russia and Ukraine, TV distribution is mainly via analogue cable - facilitating signal theft. Online piracy has started to become a key concern in these countries due to growing broadband penetration and lax regulations and enforcement governing online piracy.

Africa


17 Physical piracy remains the predominant form of unauthorized access and piracy in Africa. SAFACT (South African Federation Against Copyright Theft) estimated that in 2005, over 50 per cent of DVDs sold in the country were pirated – up from 10 per cent in 2001. Nigeria is said to have similar levels of piracy, while neighbouring Burkina Faso and the Ivory Coast’s pirate DVD markets are said to account for as much as 70-80 per cent of all DVDs sold. Within this segment, movies occupy a significant majority. Following Burkina Faso’s concerted efforts to quell piracy, industry sources claimed that counterfeited product not available in the country was being imported from Nigeria.

18 Hardware based and illegal broadcasting of pay TV signals are the most common form of unauthorized access of broadcast signals. Pay TV operators Multichoice and Orbit/Showtime estimate that the number of illegal subscribers viewing their services could be several times higher than the legal ones. In a bid to clamp down on pirate viewers, MENA pay-TV operator ART has recently begun to swap out its CA systems, in time for the 2010 football World Cup.

19 A unique form of unauthorized pay TV access in Africa is public airing of content in ‘viewing centres’. Due to the expensive nature of pay TV, illegal viewing centres that air big ticket sports events like the English Premier League football have become increasingly prevalent. Online piracy is yet to become a major threat due to the relatively low levels of broadband penetration.

Middle East


20 All of the various types of unauthorized signal access occur in the Middle Eastern countries. Hardware based illegal access of pay TV signals is a key concern for the pay TV operators. The most common method of CA circumvention is the usage of cloned or hacked smart cards, which are openly sold in stores dealing in satellite TV equipment. Availability of STBs that come with Ethernet ports has also been a concern in the region. These devices allow pirate operators to deliver control words to the STB via the Internet. Efforts by stakeholders have resulted in some Middle Eastern nations banning the import and sale of these products.

21 Unauthorized redistribution of content has historically been a key form of signal piracy, but sustained raids against TV operators has seen these levels drop in recent years. Industry sources estimate that this now accounts for just 1-2 per cent of total unauthorized access and piracy. Small pockets of illegal cable TV operations still exist in Kuwait and Saudi Arabia. Saudi Arabia’s ‘compounds’ – housing complexes where mainly expatriates reside – are key areas where illegal pay TV services operate. Illegal distribution of signals is also common in Lebanon, where in 2007, 600-800 illegal operators were estimated to be operating services.

22 Several websites catering exclusively to the Middle East offering movies and TV shows for download have surfaced in recent years. Some of these are financed through the sale of subscriptions for access to pay TV content. Broadband penetration levels are still low in the Middle East, but are increasing. The Middle East countries’ Islamic law has helped fight online piracy, as websites that offer pirated content are blocked by the authorities if they are shown to be hosting un-Islamic content such as pornography. However, blocking non-offending pirated content such as music requires the rights holder to prove copyright infringement, which is often a long drawn-out process.

ACCESS BARRIERS AND CAUSES OF PIRACY


23 Access barriers are barriers to the unhindered consumption of content, the presence of which often results in the personal consumption needs of viewers being unmet. As a result, viewers try to circumvent or bypass these barriers in an attempt to satisfy their entertainment requirements. Access barriers can be categorized into the following forms:

Consumer and industry barriers


24 Consumer and industry barriers are barriers to the access of broadcast signal that can be controlled or manipulated to certain extent by the consumer or by industry players. Some of the primary barriers of this form, such as costs of access (for pay and free TV) and availability of distribution technologies and competition are examined below.

25 Cost of access to broadcast services remains one the most cited reasons for unauthorized access to broadcast signal/content piracy on an individual level in almost all markets surveyed for this report. Monthly access fees to basic pay services   which usually include FTA channels and a few low tier pay services – ranged from 0.7 25 per cent of monthly per capita GDP, while top level subscription packages which include movies and sport ranged from 2-100 per cent. Although access fees cannot be cited as the sole reason for unauthorized access of broadcast signals, markets where top level access fees as a proportion of monthly per capita GDP were high, or where income inequality is high, tend to witness higher levels of unauthorized access and piracy.



Directory: edocs -> mdocs -> copyright
copyright -> World intellectual property organization
copyright -> E sccr/30/5 original: English date: June 2, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015
mdocs -> Original: english
mdocs -> E cdip/9/2 original: english date: March 19, 2012 Committee on Development and Intellectual Property (cdip) Ninth Session Geneva, May 7 to 11, 2012
mdocs -> E wipo-itu/wai/GE/10/inf. 1 Original: English date
copyright -> E sccr/30/2 original: english date: april 30, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015
copyright -> Original: English/francais
copyright -> E sccr/33/7 original: english date: february 1, 2017 Standing Committee on Copyright and Related Rights Thirty-third Session Geneva, November 14 to 18, 2016
copyright -> E workshop
copyright -> World intellectual property organization

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