Since the Federation Against Copyright Theft (FACT) was founded in 1984, there has been an explosive growth in crime related to DVD piracy.
Established to protect the film and broadcasting industry against copyright and trademark infringements in the United Kingdom, FACT conducts investigations to assist statutory enforcement agencies in their investigations and prosecutions of the illicit import, manufacture and distribution of film product. The technical examination of exhibits undertaken by FACT Forensic Services is crucial in providing the evidential material, which is central to prosecution.
According to Director General of FACT, Raymond Leinster, DVD piracy is now epidemic across the UK. During 2004 the number of DVDs seized was close to the three million mark, with seizure figures up by 47 per cent on 2003, making Britain the world’s black market film capital after the United States.
“DVDs are now sold everywhere – through ice cream vans, barber’s shops and under the counter in pubs and clubs. On some housing estates you can call a minicab and get cigarettes, a bottle of vodka and Terminator 3 delivered – all of it counterfeit,” says Leinster.
The federation claims that DVD and other forms of piracy are sometimes seen as a harmless cottage industry, yet this crime type is increasing and largely linked to organised criminals operating on a global basis. The unrelenting growth of the international nature of film piracy is reflected in the increase in seizures reported by FACT in cooperation with HM Customs and Excise, which totalled approximately 1.7 million in 2004, compared to just 700,000 the previous year.
Mainly from Asia, the prolific nature of the Malaysian market in particular as a producer of pirate DVDs has become ever more apparent. The total figure for Malaysian sourced imports has quadrupled, with over 850,000 being seized in 2004, seeing the inexorable spread of ‘pressed optical discs’ throughout the UK. Only eight months ago FACT supported the contention that the influence of the Chinese networks was restricted to London and the Home Counties, yet new reports now show that seizures regularly occur throughout the country.
“One of the biggest problems that we face is that DVD piracy is no longer simply the domain of the common criminal,” says Leinster. “We are increasingly seeing cases of individuals illegally downloading films off the internet in the privacy of their own homes, which they are then selling on to their family and friends. While these are simply entrepreneurial types with no real criminal intentions, the fact remains that we still need to make the public aware that this is an offence which can result in prosecution.” In 2004, internet auction site investigations resulted in the removal of over 40,000 items and 70 infringing websites. “It is one of the areas into which we will be putting more resources in the forthcoming year,” adds Leinster.
The volume of UK seizure statistics reflect the relatively risk free, and lucrative nature of DVD piracy. Criminal gangs are well aware that DVD piracy has high returns and low risks; generating easy cash, which can be ploughed into other forms of crime.
“There is increasing evidence that those behind the sale of illegal DVDs are involved in many other forms of crime – such as benefit fraud, exploitation of young persons, human trafficking and the supply of pornographic/paedophilic material,” says Leinster. ”The sale of pirate DVDs is merely the most public of a multitude of other illegal and unsavoury activities, in which criminals are involved.”
Illustrating DVD piracy’s association with broader criminality is the crux of the challenge facing FACT for 2005, and much of the task lies in making the public and key audiences more aware of these links. Leinster is keen to work more closely with local and national government policymakers and representatives within the Criminal Justice Sector to ensure that more priority is given to enforcement activities. “It’s necessary to raise the investigative threshold of FACT so we can confront the criminal risk analysis of DVD piracy,” he says.
To achieve this, FACT is adopting the National Intelligence Model and says it is undertaking an interdependent programme of structural and organisational change.
“Rather than basing our success rate on accumulation of commodity alone, our aim is to increase the numbers of prosecutions of principal figures and networks associated with importation, manufacture and distribution of illicit film product. The basis for transforming FACT from primarily being a detection orientated body into an investigative force lies in recognising that the principal deterrent is also to target the proceeds of crime and asset recovery.”
The success of such a programme of work, however, also depends on increased coordination of operations between FACT and other enforcement bodies such as the British Phonographic Industry and the Entertainment & Leisure Software Publishers Association. FACT already relies heavily on support of the Police, HM Customs and Excise, Trading Standards Officers and the Department for Work and Pensions, and Leinster acknowledges their assistance in tackling organised film piracy in the UK.
By the same token, FACT has received support from the Industry Trust for IP Awareness, whose grant has aided the protection of investigative officers and facilitated the instalment of an i2 database, which will increase FACT’s forensic capabilities. It will allow the identification of the more prolific individuals and improved strategic analysis regarding DVD piracy in the UK.
“There is much to be done to counter the prolific nature of DVD piracy,” says Leinster. “By exhibiting at this year’s ACPO Exhibition we are hoping to develop appreciation of the range and complexity of this crime type, and particularly the immediate and long term impact on communities as a whole. We are keen to discuss opportunities to further engage with policymakers and resource operators in the struggle against counterfeiting. By fighting DVD crime, it’s possible to tackle other forms of serious criminality and engage in significant crime reduction. It is important that this message is heard as widely as possible.”
FACT will be exhibiting at the conference from May 17-19 at stand 8F1.
