Websites offering pirated content will be blocked from offering
adverts from Google and other big web advertisers, in a US scheme intended to
strangle illicit revenues.
The initiative will mean
copyright holders from the music, film and other creative industries will be
able to alert the big ad networks if their ads are appearing on sites offering
links to pirated content or counterfeit goods.
The British music industry body, the BPI, is also working with
the InternetAdvertising
Bureau in the UK on a scheme that has yet to be announced which will involve a
central database of piracy sites for ad networks, agencies and brands
to refer to and avoid when planning campaigns.
Pirate sites often make large
amounts of money from Google and other advertisers because millions of users
visit their sites every month – and often have the sort of age profile that web
advertisers are keen to reach.
One British site that linked to pirated content, Surfthechannel, made as much as £35,000 per month from on-site adverts before its owner
was jailed. Emails from The Pirate Bay revealed ahead of its founders' trial
some years ago showed it was offered £65,000 per month to run casino and poker
ads.
Such sites tend to use adverts
as a revenue source because it means they don't have to set up merchant
accounts with organisations such as PayPal, Visa and Mastercard to process
payments from customers who might anyway be unwilling to pay them for content.
In July 2012, Google collaborated with British collecting
society PRS for Music and BAE Systems Detica on research which indicated that
advertising funded 86% of music filesharing sites.
That has led to campaigns by
musicians including David Lowery and former Longpigs vocalist Crispin Hunt to
stop advertising networks and major brands allowing their adverts on pirate
sites.
A study by the University of Southern California's Annenberg
Innovation Laboratory in January found that Google and Yahoo were two
of the biggest advertisers on pirate sites. Though both companies
include clauses in their contracts forbidding sites from displaying their ads
if they help piracy, the responsibility for checking tends to lie with the
owner of pirated content.
The new scheme, for which
content owners in Hollywood and the music industry have been pushing for some
time, was brokered by the US Intellectual Property Enforcement co-ordinator
Victoria Espinel and ad industry body the Interactive Advertising Bureau (IAB).
The participants include Google, Microsoft, Yahoo, 24/7 Media, Adtegrity, Condé
Nast and SpotXchange.
"We believe that this is a
positive step and that such efforts can have a significant impact on reducing
online piracy and counterfeiting," said Espinel in a statement, while
warning the ad networks to respect "privacy, free speech, fair process,
and competition" when implementing the guidelines.
The networks will use
"best practice" guidelines to prevent their ads appearing on sites
accused of facilitating digital piracy and physical counterfeiting of goods.
But it is unclear how actively
they will police sites that haven't been reported to them by rights-holders.
Comments by Dave Jacobs, AOL Networks senior vice president of publisher sales,
suggested music and video copyright holders will still be expected to find and
report sites.
"The best practices are
intended to encourage and supplement, not replace, responsible and direct
independent actions taken by intellectual property owners to enforce their
intellectual property rights and are not intended to impose a duty on any ad
network to monitor its network to identify offending websites," Jacobs
said.
However, Google's vice
president of public policy and government relations, Susan Molinari, said the
search giant is proactive: "In 2012, we disabled ad serving to 46,000
sites for violating our policies on copyright infringing content, and shut down
more than 82,000 accounts for attempting to advertise counterfeit goods,"
she said. "Nearly 99% of our account suspensions were discovered through
our own detection efforts and risk models."
The BPI scheme has been in
progress for a while. "I think we've all been a bit slow to get to grips
with this, perhaps because we were focused on other targets," said BPI
chief director Geoff Taylor in May.
The BPI has chosen to focus its
energies in recent years on blocking individual piracy sites, going to the high
court to force ISPs to block The Pirate Bay, Newzbin2, Kickass Torrents and
others.
The debate over so-called
"ad-sponsored piracy" has been rumbling for some time, particularly
within the music industry, where Lowery has been a prominent campaigner
highlighting the appearance of big brands' banner ads on piracy sites.
"If the future of music
really is access to songs, rather than owning as many as we do nowadays, those
services are all advertising-supported, and they're competing with these
illegitimate sites for these ads," said Lowery at a public debate on the
topic in May. "Spotify and Pandora should have probably rightfully got
that advertising money."
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