Research and analysis

Online copyright infringement tracker survey (11th Wave) executive summary

Published 22 December 2021

Background

Intellectual Property Office (IPO) has been tracking consumer behaviour (among the 12+ population in the UK) in relation to online copyright infringement since 2012.

The study itself focuses on specific content categories, looking at infringement behaviours as well as other topics that help to contextualise and explain them.

Given the rapid nature of technological advancements, the study is conducted annually to ensure that the IPO is able to monitor the impact of new online platforms on infringement behaviours.

Methodology

The following section outlines the methodology of the 11th wave of the Online Copyright Infringement Tracker, which took place in 2021. Prior to the ninth wave, the research was purely quantitative with 4,500 online and 500 face-to-face interviews. Since the ninth wave, AudienceNet has employed a two-staged, mixed methodology, approach. The process was designed to replicate robust measurement while also offering additional depth of insight.

Stage 1: Online Survey

• online data collection, with fieldwork taking place between 21/03/21 and 24/04/21
• 15-minute survey
• N=5,000
• Nat Rep of UK +12 population

Stage 2: Ongoing Qualitative Engagement

• online Community, with fieldwork taking place between 17/05/21 and 21/05/21
• mixture of research tasks, experimental conditions and discussion topics
• 5 days
• N=50
• infringers aged 16+

Executive summary

This wave of the research shared some similarities to the previous year, with both asking about periods of time when much of the UK was in a state of lockdown owing to the COVID-19 pandemic. However, there are also some shifts which potentially point to the differences in terms of how these lockdowns were experienced.

Overall summary

• consumption (i.e. downloading or streaming/accessing content online) increased across a number of categories. This was most evident in streaming/accessing where all categories were at the highest point seen in the study so far. The proportion streaming live sport, which last year saw the largest decrease of any category with fewer sport events taking place for much of the period asked about, returned to the levels seen before COVID-19. There were also smaller increases in those downloading music, film and TV, although in most cases the proportion doing so was still below that seen in the pre COVID-19 peak
• as in the previous lockdown, passion for content categories continued to be important to respondents with many indicating that the content categories asked about were central to their lives
• the main drivers for online consumption were the choice/variety of content on offer, being able to access it immediately and the cost
• the overall level of infringement for all content categories (excluding digital visual images) was 25%, which is 2% higher than the previous year but the same as in four of the previous five years

Notable changes in consumption compared to 2020:

• the proportion who had watched live sports increased by 7% to 15%, which took it back to the levels seen before the pandemic (14% in Wave 9 in 2019). There was also a decrease in the proportion using illegal sources to stream live sport which was fuelled by a 7% drop in those using a mix of legal and illegal sources
• streaming in other content categories increased compared to the previous wave. This was particularly evident in music (+5% to 42%), film (+3% to 45%) and TV (+3% to 44%). All grew to the highest points seen in the study and were also accompanied by levels of infringement which remained unchanged compared to the previous wave
• downloading in most categories bounced back from the low levels seen in the previous wave. There were increases for film (+3% to 22%), music (+3% to 26%) and TV (+3% to 19%). While film was at the highest level seen so far in this study, music and TV were both below their previous peaks. The levels of infringement for all of these remained broadly unchanged compared to the previous wave

Infringement levels

Overall infringement level (25%), an increase of 2% from the previous wave.

Above average infringement levels were seen for live sports and digital magazines:

• live sports – 29%
• digital magazines – 27%

Audiobooks, software and film were around, or just below, average infringement levels:

• audiobooks – 24%
• software – 23%
• film - 20%

Music, TV, e-books and video games were notably lower than average infringement levels:

• music -15%
• TV – 14%
• e-books - 14%
• video games - 11%

Qualitative summary

In the qualitative stage of research, participants gave further detail about how and when they accessed entertainment categories online. With the research taking place during the third official national lockdown in the UK, participants expanded on how they had experienced the last year and how they had navigated the uncertainty and often the stress of prolonged social restrictions. Many participants spoke about how the continued restrictions had started negatively impacting their mental health and, in some cases, their finances.

The persistence of social restrictions and the strain this placed on many participants meant that many had started valuing the entertainment they consumed to a greater extent. Most participants said that access to entertainment during the past year of lockdowns helped their mental health by distracting them from the daily reality of the pandemic and, in some instances, facilitating forms of social interaction online or within households at a time when interaction was otherwise restricted.

Many participants noted a general increase in their consumption of entertainment content compared to their level before the pandemic, either due to a greater reliance on such content or to fill the free time some participants now found themselves with. Some participants said that their general increase in consumption had also led to an increase in access from unofficial sources, as a way of finding more content in a cost-effective manner. General drivers of infringement, as in previous waves of qualitative research, remained cost and greater access to content which was not available on paid subscriptions or other legal methods.

In the final part of the Online Community which focussed on testing communications aimed to discourage infringement, the exercise provided many additional learnings to knowledge gained previously. Building on past findings around creating empathy for creative industries, responses showed positive reactions to messages about the impact of the pandemic on individuals within these industries and provided more insight on which individuals to focus on. Additionally, hypothetical interventions and enforcement methods introduced to the exercise were shown to have the potential to dissuade many participants from infringing. Meanwhile, messages about the risks of malware to consumers were engaging for some but did not hold much sway with established infringers.

Music

Engaging with music

51% had engaged with music in the previous 3 months (i.e. either by downloading, streaming, sharing or purchasing physical products).

Streaming was the most common method of accessing music, with 42% having done so. Downloading followed at 26%, with fewer having purchased physical forms of music (12%). Streaming saw a +5% increase compared to last year with a smaller increase for downloading (+3%). Physical purchasing remained stable (+1%).

Infringement among music consumers

The overall level of infringement (i.e. anyone who had used an illegal source for music in the past three months) remained consistent, from 18% in 2020 to 15% in 2021.

(% difference to 2020)

	Downloaded	Streamed	Downloaded or streamed
Only legal	67% (+2%)	98% (0%)	85% (+3%)
Mix	18% (-1%)	2% (0%)	13% (-3%)
Only illegal	15% (0%)	0% (0%)	2% (0%)

Film

Engaging with film

53% had engaged with film in the previous 3 months (i.e. either by downloading, streaming, sharing or purchasing physical copies).

Streaming was the most common method of accessing films, with 45% having done so in the past three months. This was followed by downloading (22%) with physical purchases in third place (12%). Both streaming and downloading saw increases of +3% compared to last year. Physical purchasing remained stable (-1%).

Infringement among film consumers

The overall level of infringement (i.e. anyone who had used an illegal source for films in the past three months) remained stable, at 20% in 2021, the same as shown in 2020.

(% difference to 2020)

	Downloaded	Streamed	Downloaded or streamed
Only legal	78% (+2%)	85% (+1%)	80% (0%)
Mix	13% (-2%)	13% (-1%)	17% (0%)
Only illegal	9% (0%)	2% (0%)	3% (0%)

TV

Engaging with TV

49% had engaged with TV programmes/series in the previous 3 months (i.e. either by downloading, streaming, sharing or purchasing physical copies).

Streaming was, by some way, the most common method of accessing TV programmes/series, with 44% having done so. The proportion who had downloaded TV programmes/series followed by some way at 18%, with just 4% having purchased physical copies. Both streaming and downloading saw increases of +2% and +3% respectively compared to last year. The proportion making physical purchases was unchanged.

Infringement among TV consumers

The overall level of infringement (i.e. anyone who had used an illegal source for TV programmes/series in the past three months) remained stable, at 14% in 2021, the same as shown in 2020.

(% difference to 2020)

	Downloaded	Streamed	Downloaded or streamed
Only legal	84% (+2%)	89% (0%)	86% (+1%)
Mix	10% (-2%)	9% (-1%)	12% (-1%)
Only illegal	6% (-1%)	2% (0%)	2% (0%)

Live sport

Engaging with live sport

15% had engaged with live sports in the previous 3 months (i.e. either by streaming or sharing). This almost double what it was in the previous year (8%).

Infringement among live sport consumers

The overall level of infringement (i.e. anyone who had used an illegal source for live sport in the past three months) experienced a decease, going from 37% in 2020 to 29% in 2021. Compared to last year there was a decline in those using only legal sources.

(% difference to 2020)

	Streamed
Only legal	71% (+8%)
Mix	18% (-7%)
Only illegal	12% (-1%)

Video games

Engaging with video games

In the previous three months, 24% had engaged with video games (i.e. either by downloading, streaming, sharing or purchasing physical products).

Downloading was the most common method of accessing video games, with 17% having done so. Streaming followed at 13% and 10% had purchased physical copies. Compared to last year there were small 2% increases across downloading and streaming/accessing. Physical purchasing remained stable (+1%).

Infringement among video game consumers

The overall level of infringement (i.e. anyone who had used an illegal source for video games in the past three months) remained stable, at 11% in 2021, the same as shown in 2020.

(% difference to 2020)

	Downloaded or streamed/accessed
Only legal	89% (0%)
Mix	8% (0%)
Only illegal	2% (0%)

Software

Engaging with software

In the previous three months, 21% had engaged with software (i.e. either by downloading, streaming/accessing, sharing or purchasing physical products).

Downloading was the most common method of accessing software, with 17% having done so. Streaming/accessing followed at 10% and 3% had purchased physical copies. There were only small changes (+/-1%) compared to last year across all forms of engagement with software.

Infringement among software consumers

The overall level of infringement (i.e. anyone who had used an illegal source for software in the past three months) experienced a small increase going from 20% in 2020 to 23% in 2021.

(% difference to 2020)

	Downloaded or streamed/accessed
Only legal	77% (-3%)
Mix	13% (+1%)
Only illegal	10% (+2%)

E-books

Engaging with e-books

38% had engaged with books/e-books in the previous 3 months (either by downloading, streaming or sharing e-books, or purchasing physical copies).

The most common method of access was purchasing physical copies (26%). This was followed closely by downloading (18%) and then streaming online (9%). Downloading saw a small -2% decrease compared to last year. Both physical purchases and streaming/ accessing remained stable.

Infringement among e-book consumers

The overall level of infringement (i.e. anyone using an illegal source to access an e-book in the previous three months) decreased by 3% compared to last year, to 14%.

(% difference to 2020)

	Downloaded or streamed/accessed
Only legal	86% (+3%)
Mix	8% (-2%)
Only illegal	6% (-1%)

Digital magazines

Engaging with digital magazines

21% had engaged with magazines in the previous 3 months (either by downloading, streaming or sharing digital magazines, or purchasing physical copies).

The most common method of access was purchasing physical copies (13%). This was followed by downloading (7%) and streaming/accessing online (7%). Streaming/accessing digital magazines increased by 2% compared to last year. Both physical purchases and streaming/accessing remained stable.

Infringement among digital magazine consumers

The overall level of infringement (i.e. anyone who had used an illegal source for digital magazines in the past three months) experienced a small decrease going from 28% in 2020 to 27% in 2021. There was no significant change in the methods of access compared to 2020.

(% difference to 2020)

	Downloaded or streamed/accessed
Only legal	73% (0%)
Mix	11% (0%)
Only illegal	16% (-1%)

Audiobooks

Engaging with audiobooks

11% had engaged with audiobooks in the previous 3 months (either by downloading, streaming or sharing audiobooks, or purchasing physical copies).

The most common method of access was downloading (8%). This was followed by streaming/accessing online (6%) and then purchasing physical copies (2%). There were only no changes compared to last year in engagement with audiobooks.

Infringement among audiobook consumers

The overall level of infringement (i.e. anyone who had used an illegal source for audiobooks in the past three months) experienced an increase, going from 14% in 2020 to 24% in 2021. There was a significant increase in those utilising both only illegal and a mixture of legal and illegal sources. It should be noted that streaming audiobooks via YouTube was included for the first time in this wave and may account for some of this increase.

(% difference to 2020)

	Downloaded or streamed/accessed
Only legal	76% (-10%)
Mix	12% (+4%)
Only illegal	12% (+6%)

Behaviour change opportunities

Important findings

Apparent from last year’s findings was that alluding to the negative financial impact of infringement on individuals within industries was more engaging than talking about industries as a whole. The communications testing this year managed to drill down further into which individuals to focus on and showed that participants found it hard to sympathise with big artists, producers, executives etc. who are seen to have a lot of money and success. Rather, speaking about smaller artists or smaller production companies as well as those individuals employed by industries in the background elicited more positive responses.

Last year’s exercise, conducted three months into the pandemic, saw an underwhelming response to messages related to the impact of COVID-19 on creative industries. There was a general sense from participants that these industries would bounce back with little long-term impact on their finances. One year on, however, with the pandemic ongoing at the time of research, messages about the continued strain on funds and reports of job losses were seen as some of the most impactful messages and caused some participants to reconsider their behaviour.

With regards to potential risks, the threat of malware and other cyber related dangers tended to worry some less experienced infringers but not those who infringed regularly. Many said that while they did consider these risks to be concerning, they had built trust in the sources they used and that having never experienced any issues, they felt safe to continue using them. The notion of increased cyber security threats during the pandemic didn’t seem to increase concern, with many saying they would remain vigilant and knew the warning signs of untrustworthy content to look out for.

Finally, though of course the implementation of any punitive measures against infringement is a sensitive matter and the following findings are not intended as concrete recommendations, the exploration of hypothetical scenarios proved insightful. This exercise helped expose how participants evaluated the risk versus the reward of infringing. The idea which proved most effective in making participants reconsider infringing was the potential for internet providers to send warnings and eventually cut off internet access, followed by greater implementation and enforcement of fines.

Effective messaging for different consumer types

Savvy Infringers are experienced in finding different sources of free content and feel confident in their behaviours.

Cautious Infringers may infringe less regularly, be less certain about what exactly constitutes online infringement and be more concerned about any potential repercussions.

Considerations for cautious infringers:

As in previous waves, this year’s findings indicate that messages such as the loss of jobs in industries or the risk of malware can certainly help deter some Cautious Infringers once they are made aware of such information.

Considerations for savvy infringers:

When it comes to Savvy Infringers, more is needed in order to persuade them to reconsider their behaviour.

There are indicators that messages which give tangible examples of job losses and impact on individuals within industries can make this group reflect.

However, the most effective messages to actually get this cohort to seriously reconsider behaviours are those which speak to greater enforcement of copyright law.

Given that enforcement is a sensitive area, other purely comms-related avenues to explore in future could include the potential deterioration in quality of content or decrease in the volume of content produced due to infringement.