Stolen or released music? The social construction of piracy in Italy

Abstract

Purpose – This chapter discusses the criminalization of sharing music on peer-to-peer (p2p) networks. Taking the Italian situation into consideration, it aims to introduce a socio-legal reflection about the processes of construction of this deviance.

Design methodology/approach – Adopting a constructionist approach, this chapter first explores the ways in which the social problem of music piracy was built in Italy. The choice of the legislator to place this practice within the category of criminal behaviour was analysed and examined. In the second section, the points of view of other participants involved in the practice of file sharing are taken into account.

Findings – Placing file sharing within the jurisdiction of criminal law does not seem to respond to the needs to counter the infringement of a shared social value, but it rather seems to reflect the protagonists’ involvement into the process of legislative decision about piracy conception and idea of the damage caused by this phenomenon, promoted and conveyed by the music business. The way in which piracy is conceived by Italian legislation emerges here in its partial understanding of the effects of this practice. Sharing music on digital networks appears as a highly conflicted crime, whose harmfulness is scarcely perceived by the society. Furthermore, file sharing repression policy seems to give shape to a new victimless crime, whose harmful effects do not seem to actually fall back on artists or consumers.

Originality/value – Sharing music on the net and violating copyright is little studied from the perspective of the sociology of crime. Using this approach, this chapter contributes to a better understanding of the phenomenon.

Citation

Blengino, C. (2013), "Stolen or released music? The social construction of piracy in Italy", Music and Law (Sociology of Crime, Law and Deviance, Vol. 18), Emerald Group Publishing Limited, Leeds, pp. 221-243. https://doi.org/10.1108/S1521-6136(2013)0000018014