Mathew Bolland: Copying content - why Kiwis plan to keep doing it

Opinion

Seen the latest Harry Potter film, but not at the movies? Got the new Black Eyed Peas single, but not from the CD store? You're not alone.

Submissions on government proposals to improve online copyright law close today. The argument flared up earlier this year when it became clear internet Service Providers would have to terminate accounts if rights holders' claimed customers had breached copyright - no proof, just disconnection.

The revised proposal includes an improved process to check whether copyright abuse has occurred, but still includes disconnection as a deterrent.

But how often do New Zealanders download and why? How do they justify doing so and what will it take to stop them?

With the Government planning to invest $1.5 billion extending ultra-fast broadband, is this a turning point for the entertainment industry as more go online? As New Zealand's second largest internet service provider we at TelstraClear thought we'd better ask.

The results from an online survey of internet users suggest it's time for a rethink. Because, while there will be a new copyright law, even the best legislation can't fix an outdated business model.

The Baseline Consultancy survey, commissioned in July, found all 1048 respondents had copied content in the previous 12 months, with 82 per cent copying music, software (49 per cent ), movies (35 per cent) and games (31 per cent).

About a third (32 per cent) copied music once a month or more, with movies (16 per cent) and games (7 per cent).

Content copying doesn't necessarily involve the internet - just 26 per cent sourced music from file sharing sites or online storage, with 24 per cent sourcing music from CDs or the pay-service i-tunes (23 per cent).

But the opportunity to use the internet is clear - 46 per cent of households have peer-to-peer file sharing software installed on their home PC.

New Zealanders' have sympathy for the artists and appreciate copyright ownership. Just 4 per cent believed artists could afford to give away content for free and only 15 per cent thought being able to access content via the internet meant it should be free.

Most people believed if they copied a CD or DVD they bought from a shop for their own use then they hadn't broken the law. But if they copied it from a friend or a file sharing site, most agree it's illegal.

So if we respect the artists and understand the law, why are we doing it?

In essence, New Zealanders copy content because they are tired of paying too much, waiting too long and only want to pay for what they want.

Numerous respondents expressed frustration at paying $30-plus for a CD that only had a couple of good songs. They also found some content isn't available in stores, or can take a long time to order in at extra cost.

When a new movie takes several months to screen here, but is available immediately via illegal online sites, resistance appears futile.

More than half said disconnection would not stop them copying content.

The greatest legal deterrent (48 per cent ) was the prospect of a fine by police or NZ Customs, with 43 per cent saying disconnection from their internet service provider for repeat infringement would also be a significant deterrent. A further 18 per cent say nothing could deter them from copying material.

Placing content online at the same price won't wash - people expect to pay less given reduced online distribution costs.

Of parents surveyed, 47 per cent take no active interest in the issue, with a further 47 per cent actively checking content isn't being downloaded and sometimes loading filters to prevent it. The remaining 6 per cent ask their children to download content for them.

There were three main themes in terms of how to reconcile artists' needs with consumers' expectations for timely access to affordable, new and rare content online.

The first was to build a stronger direct connection between the artist and consumer by reducing the online price. Others suggested advertising supported content and a try-before-you-buy mechanism: tier-access with free, low-quality music and video and paid access for a high-quality version.

There was also a suggestion that copyright laws focus on people who seek to profit from illegal downloading.

One respondent drew on a common theme: "The record industry needs a major shake up - the current approach is like trying to stop an avalanche with a stick."

Baseline Consultancy surveyed a 50:50 quota of parents and non-parents. Respondents were 49 per cent male, aged 18-70 years and customers of numerous internet service providers.