Copyright holders frequently refer to copyright infringement as theft. In copyright law, infringement does not refer to theft of physical objects that take away the owner’s possession, but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization. Courts have distinguished between copyright infringement and theft. For instance, the United States Supreme Court held in Dowling v. United States (1985) that bootleg phonorecords did not constitute stolen property. Instead, “interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: ‘[…] an infringer of the copyright.'” The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law—certain exclusive rights—is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights held.
In Media Piracy in Emerging Economies, the first independent international comparative study of media piracy with center on Brazil, India, Russia, South Africa, Mexico, Turkey and Bolivia, “high prices for media goods, low incomes, and cheap digital technologies” are the chief factors that lead to the global spread of media piracy, especially in emerging markets.
According to the same study, even though digital piracy inflicts additional costs on the production side of media, it also offers the main access to media goods in developing countries. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcements toward digital piracy. In China, the issue of digital piracy is not merely legal, but social – originating from the high demand for cheap and affordable pirated goods as well as the governmental connections of the businesses which produce such goods.
Motivations due to censorship
There have been instances where a country’s government bans a movie, resulting in the spread of pirated videos and DVDs. Romanian-born documentary maker Ilinca Calugareanu wrote a New York Times article telling the story of Irina Margareta Nistor, a narrator for state TV under Nicolae Ceauşescu’s regime. A visitor from the west gave her bootlegged copies of American movies, which she dubbed for secret viewings through Romania. According to the article, she dubbed more than 3,000 movies and became the country’s second-most famous voice after Ceauşescu, even though no one knew her name until many years later.
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