Intellectual property law compliance in Europe: Illegal file sharing and the role of social norms

Abstract

The current study empirically demonstrates the widely discussed gap between copyright law and social norms. Theoretically founded in the sociology of law, the study uses a well-defined concept of norms to quantitatively measure changes in the strength of social norms before and after the implementation of legislation. The ‘IPRED law’ was implemented in Sweden on 1 April 2009, as a result of the EU IPR Enforcement Directive 2004/48/EC. It aims at enforcing copyright, as well as other IP rights, when they are violated, especially online. A survey was conducted three months before the IPRED law came into force, and it was repeated six months later. The approximately one thousand respondents between fifteen and twenty-five years-of-age showed, among other things, that although actual file-sharing behaviour had to some extent decreased in frequency, social norms remained unaffected by the law.