By: Paul Gerbino
Why Collective Action Against Online Piracy Remains Elusive
The digital age has ushered in a golden era for content creators, but it has also become a pirate’s paradise. A paradise that bypasses traditional journalistic integrity. Online piracy, a scourge that has plagued the entertainment industry for decades, continues to wreak havoc on the publishing world. Yet, despite the clear and present danger posed by piracy, publishers have been surprisingly reluctant to unite in a concerted effort to combat it.
As the digital landscape continues to evolve, a new threat to intellectual property has emerged: the theft by artificial intelligence (AI) of publishers’ content. AI models are capable of learning from vast datasets, including copyrighted content, and generating new content in seconds that is strikingly similar to the original, and some are passing it off as authentic. This raises serious concerns about copyright infringement and the potential erosion of creative originality.
The theft of content by AI can take many forms. For example, AI models can be trained on copyrighted news stories from multiple sources to generate new, pseudo-original news that incorporates elements of the originals and is published within seconds of the originals. This can not only lead to copyright infringement if the new content is too similar to the original, it can compete for search traffic. Additionally, AI models can be used to create deep fakes, which are highly realistic synthetic media that can be used to deceive or manipulate people.
The rise of AI-powered content theft poses significant challenges for publishers. The Association of American Publishers (AAP) even publishes reports detailing the financial impact of piracy on the U.S. publishing industry. (https://publishers.org/data-and-statistics/aap-reports/).
What makes matters worse, despite best efforts, it is difficult to detect and prevent this theft with the burden of proof for copyright infringement being difficult to prove. Combine that with the rapid pace of technological development, this means that new threats are constantly emerging.
So, why have publishers been so darn slow to act? The reasons are complex and multifaceted, rooted in economic, legal, cultural, and competitive factors.
For the purpose of this article, we will lump AI and other content pirates as “Pirates” and “Piracy”.
Economic Hurdles
One of the primary obstacles to collective action is the cost-benefit analysis. Forming and maintaining a collective to fight Piracy can be expensive, requiring significant investments in technology, legal expertise, and enforcement efforts. Publishers must weigh the potential benefits of such an endeavor against the financial burdens involved.
Moreover, the revenue lost to Piracy may seem like a small fraction of their overall income, particularly for larger publishers. While the cumulative impact of Piracy can be substantial, individual publishers may feel that the costs of collective action outweigh the potential returns.
Legal and Regulatory Maze
Navigating the legal and regulatory landscape is another major challenge. International copyright laws vary widely, making it difficult for publishers to coordinate a global response. Enforcing copyright laws against online Pirates, especially those operating in jurisdictions with weak intellectual property protections, can be challenging and costly.
Additionally, regulatory hurdles may prevent publishers from forming collectives or taking certain actions against Piracy. For example, antitrust laws may limit the extent to which publishers can collaborate, while data privacy regulations may restrict the collection and use of information to track and combat Piracy.
Competitive Pressures
The publishing industry is highly competitive, with publishers often vying for the same readers and markets. This competitive pressure can make it difficult for publishers to overcome their differences and collaborate on anti-piracy initiatives.
Additionally, the rise of self-publishing has created a more diverse publishing landscape, with a wider range of business models that may conflict with traditional publishing interests. Self-published authors may be less likely to support collective anti-piracy efforts, as they may perceive them as benefiting primarily established publishers.
Technological Challenges
Technological advancements have made it easier for individuals to access and distribute copyrighted content online. This has created a cat-and-mouse game between publishers and Pirates, with publishers constantly trying to stay ahead of the latest Piracy techniques.
Implementing effective anti-piracy technologies can be expensive and complex, requiring significant investments in research and development. Additionally, the rapid pace of technological change can make it difficult for publishers to keep up with the latest trends and threats.
Cultural and Psychological Factors
Cultural and psychological factors also play a significant role in publishers’ reluctance to form collectives. Many publishers are risk-averse, fearing that collective action might expose them to additional legal or financial liabilities. There is also a tendency among publishers to maintain the status quo and avoid taking bold or innovative steps to address Piracy.
The perception that past efforts to combat Piracy have been ineffective may further dampen enthusiasm for collective action. The aftermath of the failure of publisher-owned Newsright has been one of the more cited of these. It should be noted that the failure of Newsright was related to the investment and promotion of the technology and not the result of a focus on preserving intellectual property rights. Many publishers believe that the battle against Piracy is a losing battle, and that individual efforts are more likely to be successful. This belief is reinforced by the larger publishers continuing to each individually assert their legacy feeling that they are somehow distinct and more essential to the overall market.
It is important to understand the motivation of the Pirates. These 3rd party content users, using content for commercial purposes, need content. They do not need nor do they particularly want to pay for it. This means they pay only when they feel at risk legally or the access to the content is controlled by the publisher. These then are the gating factors to successfully protecting publishers’ content. The Pirates, by nature, will, as needed, seek individual agreements rather than dealing with a collective. It is simply less costly. So this further promoted the idea of individual efforts being the way forward which, by the way, plays into the agenda of the Pirates.
The Road Ahead
Despite these challenges, there is a growing recognition among the majority of content owners that collective action is essential to combat online Piracy. Publishers must overcome their differences and work together to develop a comprehensive strategy that addresses the root causes of Piracy. This may be, to borrow a saying, based on a coalition of the willing.
This will require significant investment, cooperation, and innovation. It will also require a renewed commitment to actively protecting the intellectual property rights of content creators and ensuring that they are fairly compensated for their work. This means a willingness to support both legal action and control of access to the content.
The future of the publishing industry depends on our ability to effectively address the threat of online Piracy. It is time for publishers to put aside their differences and unite in a common cause. The Pirates of Silicon Valley are waiting.
Epilogue: A Call to Action – A United Front Against Online Piracy
As we write these articles, my wife, who actually reads our newsletter, asked me a simple question, “you do a great job of identifying the problem, have you identified the solution?”
Here is my answer to my dear wife. To effectively combat online Piracy, publishers must overcome the challenges outlined above and form a united front. Here are some key steps that can be taken:
- Establish a Global Anti-Piracy Alliance: Create a global alliance of publishers, authors, and industry stakeholders to coordinate efforts and share best practices. There are any number of trade and regional licensing organizations that have initiatives in play around Anti-Piracy but they are not communicating with each other. They could cross over the ownership conflicts and create a single alliance. This alliance would be in a position to develop a comprehensive strategy to address Piracy on a global scale that could not be dismissed or ignored by the Pirates.
- Invest in Technology and Innovation: Invest in cutting-edge anti-piracy technologies to detect, prevent, and mitigate Piracy. This includes developing advanced watermarking techniques, content fingerprinting, and automated content protection systems.
- Strengthen International Cooperation: Work with governments and international organizations to harmonize copyright laws and enforcement mechanisms. This will help to create a more level playing field for content creators and make it more difficult for Pirates to operate across borders.
- Educate and Advocate: Raise awareness about the harms of Piracy and the importance of protecting intellectual property rights. Educate consumers about the legal and ethical implications of downloading and sharing pirated content. Advocate for stronger copyright protections and enforcement at the national and international levels.
- Engage with Digital Platforms: Work with digital publishing distribution platforms to develop effective anti-piracy measures. This includes implementing content identification technologies, removing pirated content, and disrupting Piracy networks.
- Explore Alternative Business Models: Consider alternative business models that can reduce the incentive for Piracy. This may include subscription-based services, freemium models, online content marketplaces or innovative pricing strategies.
By taking these steps, publishers can create a more sustainable and equitable digital ecosystem that benefits both content creators and consumers. It is time for the publishing industry to unite and fight back against the scourge of online Piracy.
Paul Gerbino is the President of Creative Licensing International. He is an expert in digital, content strategy, licensing, product development, advertising, and copyright protections. His expertise is noted with an exemplary track record of transforming low-performing projects into highly profitable revenue streams. Evident in creating and launching innovative digital media products and advertising programs for B2B, B2C, STM, and academic publishers. Paul is passionate about helping publishers improve their performance, productivity, and profitability in the evolving digital landscape.
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