Copyright infringement is (not) theft

Although not fraud in the true sense, criminal copyright infringement may be seen as a related offence, involving as it does unauthorised interference with the property rights of another. Copyright is just one example of an intellectual property right; other examples include trademarks, patents and designs. Contrary to what the copyright industry would have us believe, copyright infringement is neither theft nor ‘piracy’. Copyright is a limited monopoly granted to producers of original creative works. It protects the expression of ideas by conferring certain exclusive rights on the creator for a period of time. Copyright is infringed if a person exercises one of the exclusive rights of the copyright holder without authorisation. In the context of criminal copyright infringement, the most significant rights are those of reproduction and distribution.

The increasing availability of copyrighted materials in digital form presents a dilemma. On the one hand, it provides a worldwide market for the distribution and sale of copyrighted goods. For exporters of copyright, such as the United States, this can be a significant component of the economy. In 2002, it was estimated that the ‘value added’ by the core copyright industries to US GDP was US$626.2 billion or just under 6 per cent. On the other hand, that ease of distribution and market access equally translates into ease of copyright infringement.