The Framing of 'Piracy': Etymology, Lobbying & Policy

Abstract:     
"Piracy" is a term that has become a central part of the American lexicon about intellectual property. Various individuals and institutions - including newspapers and lobbyists; politicians and policy analysts - use the term as a synonym for intellectual property infringement generally, and, more specifically, copyright infringement. For example, the Recording Industry Association of America ("RIAA") and the Motion Picture Association of America ("MPAA"), a pair of the most prominent entertainment industry lobbying organizations in the United States, claim routinely that "piracy" is the primary reason why revenue and profits in their respective industries have dropped precipitously in the past decade. Similarly, the Business Software Association routinely claims in its annual "Piracy Study" that its industry loses billions of dollars annually to "piracy".

In a forthcoming study, the author will argue, among other things, that the entertainment industry lobbyists’ framing of "piracy" is inconsistent with the term’s original meaning. The result is that concerns over "piracy" serve as the questionable basis for passing laws and enacting copyright-related policies that have led to an increase in restrictive and imbalanced copyright law, both within and outside the United States.

The purpose of this paper, however, is more modest. Here, the author presents an etymology of the term "piracy," demonstrating that the historical and primary definitions of "piracy" have little to do with infringement or intellectual property.

This paper is part of a broader study on the framing in U.S. copyright policy and legislation.

Keywords: Copyright, Framing, Rhetoric, Policy

JEL Classifications: O34, O38

Working Paper Series