New law turns musicians into Internet police

Piracy legislation not expected to make much of a dent in downloading activities

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By Mikko Paakkanen
     
      A new law on copyrights came into effect in Finland at the beginning of the year. The law turned thousands of Finns who download music from the Internet into thieves, to be pursued by Finnish musicians.
      The law makes it an offence to download unauthorised music from the Internet, but it is not the duty of the police to catch the lawbreakers.
      Enforcement of the legislation is being left up to the holders of the copyrights, such as musicians.
      Also monitoring compliance with the rules is the Anti-Piracy Centre in Finland (CIAPC).
      The phenomenon is not an insignificant one. CIAPC estimates that on the eve of the new legislation, there were about 100,000 users of file sharing networks in Finland.
     
Most who download music are likely to continue to do so. According to a study by Eironfi in 2004, fewer than nine percent of 2,600 respondents said that they expect to significantly reduce their downloading or distribution activities if the law is made tougher. This would mean that there are more than 90,000 new lawbreakers in Finland.
      "If the same kind of thing happens in Finland that took place in the United States, we will first see quite a wave of trials, after which file-sharing will decrease somewhat. However, with time it will even out. In the United States, the number of users has gone back almost to previous levels", says Ville Oksanen of Electronic Frontier Finland, which has taken a critical view of the new copyright law.
     
Monitoring the surfing habits of nearly 100,000 people requires considerable resources, and a representative of the interests of the musicians does not plan to devote resources to bringing file-sharers to justice.
      "We will continue to focus enforcement on those who distribute files", says Antti Kotilainen, executive director of CIAPC. For those who do not pass on files, the risk of getting caught is very small.
      Downloading unauthorised files does not carry any criminal penalties, but holders of copyrights can demand compensation, and Kotilainen says that such demands will be made of those who are caught.
      Unauthorised distribution of files does carry criminal penalties, and according to the Eironfi study, nearly all users of file sharing networks also distributed them. Most file-sharing software forces those who download music to make their files available to others.
     
Distribution of illegal files used to be a mere copyright violation, unless there is an intent of making money. Now violators can get a real criminal record - even if no money changes hands.
      Simple copyright violations can bring a fine, but the more serious category of "copyright crime" can bring up to two years in prison. When investigating a potential crime, police can confiscate a suspect's computer.
      However, in order to act, police need the injured party - a musician - to file a criminal complaint. The musicians have to decide how eagerly they want to go after their own fans.
      "It depends on the holders of the copyrights, whether or not these cases come before the police. We will not actively monitor them", says Veli-Pekka Loikala, head of the IT unit of the National Bureau of Investigation.
     
It is not just young computer geeks who face prosecution: middle-aged fans of conventional music could also soon find themselves at odds with the law. The new legislation also makes it illegal to import unauthorised recordings of music, even if the music is intended for private use.
      Finns have been bringing in pirate recordings, especially from Russia. CIAPC estimates that every fifth CD acquired in Finland in recent years has been a pirate copy.
      Imports of recordings are monitored by Finnish Customs. When a traveller's bag is found to contain an illegal CD or movie, prosecution also requires authorisation by an injured party. Musicians have already anticipated the situation.
      "The film and music business has already agreed to a system of summary penal judgement in smaller cases", says Anssi Kartila of the National Board of Customs.
      This means that customs officials can impose a fine on the spot. Without advance authorisation, customs officials would have to ask the individual musician if he or she wants to proceed with a prosecution.
     
Helsingin Sanomat / First published in print 2.1.2006

More on this subject:
 FACTFILE: Pirate recordings now illegal even for personal use

MIKKO PAAKKANEN / Helsingin Sanomat
mikko.paakkanen@hs.fi