Identifier
Created
Classification
Origin
05ROME4046
2005-12-13 08:18:00
UNCLASSIFIED
Embassy Rome
Cable title:  

IPR Public Education in Italy: Refining the

Tags:  KIPR ETRD EINV IT EUN 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.

130818Z Dec 05
UNCLAS SECTION 01 OF 03 ROME 004046 

SIPDIS

STATE PASS USTR FOR JIM SANFORD
USDOC PASS USPTO
COMMERCE FOR DAS ERIC STEWART
JUSTICE FOR ARIF ALIKAN

E.O. 12356: N/A
TAGS: KIPR ETRD EINV IT EUN
SUBJECT: IPR Public Education in Italy: Refining the
Message, Medium to Reach All

REF: ROME 1569

-------
Summary
-------

UNCLAS SECTION 01 OF 03 ROME 004046

SIPDIS

STATE PASS USTR FOR JIM SANFORD
USDOC PASS USPTO
COMMERCE FOR DAS ERIC STEWART
JUSTICE FOR ARIF ALIKAN

E.O. 12356: N/A
TAGS: KIPR ETRD EINV IT EUN
SUBJECT: IPR Public Education in Italy: Refining the
Message, Medium to Reach All

REF: ROME 1569

--------------
Summary
--------------


1. Uneven IPR enforcement by police remains a
problem in Italy, but a lack of respect for
intellectual property among the general public also
represents a significant hurdle. Some 20 percent of
Italian consumers, according to a recent poll, admit
to buying fakes. The Embassy, in cooperation with
the Italian Ministry of Culture, recently gathered
key government and industry IPR experts for a
brainstorming session. This outreach session
confirmed that GOI public education campaigns, in
the eyes of industry observers, have failed to
deliver a consistent, effective message about the
damage of IPR crime to Italy's economy. American
participants shared examples of IPR public outreach
programs, particularly DOJ's student-focused
"Activate Your Mind" program. The U.S. Patent and
Trademark Office also discussed its outreach to
small businesses as a possible model. As a result of
the workshop, the Ministry of Culture has offered to
take the lead in future GOI-sponsored public
education campaigns. End summary.

--------------
Background
--------------


2. Italy is now widely recognized as having adopted
adequate IPR laws. However, while there is some
progress, much remains to be done on effective
street-level enforcement and meaningful sentencing.
Italian magistrates still see piracy as a petty
offence and remain reluctant to impose jail time.
Mission Italy will thus continue its efforts to
sensitize Italian judges to the serious nature of
IPR crime, including the heavy involvement of
Italian and international organized crime.


3. Another weak link, however, is the lack of
sensitivity among Italian consumers. A recent poll
sponsored by the Guardia di Finanza (Italy's
financial police) showed that 20 percent of
consumers admit to purchasing counterfeit products.
While the GOI is conducting some education efforts,
(e.g., officials of SIAE, the Italian government's
royalty collection agency, visit schools to speak
with students about piracy and illegal downloading),
these programs are small in scale. The Mission,

along with our contacts in the United States and
Italian copyright industries, see the need for a
coordinated, wide-scale GOI effort to educate
Italian society about the damage of IPR crime--in
the form of more organized crime, lower employment
in the Italian IP industries, potential safety and
health hazards posed by counterfeited goods, and
lost investment and tax revenue--to Italy.

--------------
First Workshop on Public Outreach
--------------


4. To open this campaign, the Embassy, in
collaboration with the Italian Ministry of Culture,
hosted a public outreach "brainstorming session"
with key GOI officials and U.S. experts. This two-
day roundtable workshop took place at ConGen
Florence using a format similar to those used in our
workshops with Italian judges (reftel). Key to the
success of this event was its informal and off-the-
record nature, which allowed a more candid and
fruitful exchange of ideas.


5. Italian participants included high-level
officials from the Italian Ministries of Culture,
Education, and Productive Activities; the Italian
Society of Authors and Editors (SIAE),Confindustria
(Italy's main business association); Italian anti-
mafia judges; and Florence city officials.
Additionally, communications experts from a think
tank and a private consulting firm offered advice on
refining the GOI's public education campaigns.
Finally, representatives from the Business Software
Alliance (BSA),FAPAV (an Italian film industry
association affiliated with the Motion Picture
Association),and FIMI (a music industry group
representing U.S. labels here) provided industry
perspectives.


6. From the United States, the Embassy invited Arif
Alikan, Vice Chairman and Executive Director of the
Department of Justice Task Force on Intellectual
Property; Trent Luckinbill, Council to the Assistant
Attorney General, Antitrust Division; Elizabeth Shaw
from the U.S. Patent and Trade Office's Department
of International Relations; and Deborah Foster,
Senior Program Director at Street Law, an NGO that
specializes in legal education programs for students
and has participated in recent DOJ student outreach
efforts.

--------------
Sympathy for Pirates
--------------


7. Participants generally criticized the (few)
public campaigns conducted to date in Italy as
ineffective and possibly even confusing for
consumers. There was broad consensus that the GOI
had not done enough to explain the difference
between legal activity (for example, making
personal-use copies) and IPR infringement.
Similarly, both government and industry have not
generated much public sympathy for rights holders as
many consumers, frustrated by the high cost of
legitimate CDs and DVDs in Italy, tend to believe
infringers are doing them a favor.


8. Some participants also noted the need for the GOI
itself to set an example on IPR. Some participants
commented that, despite recent improvements, some
Italian government offices, particularly at the
local and regional level, continue to use unlicensed
software. BSA representatives said the situation
may get worse as many bureaucracies cope with
sharper budget cuts.

--------------
The Enforcement-Education Link
--------------


9. Several additional themes emerged from the
discussions, including:

--Link Between Public Education and Enforcement:
Many participants commented that better enforcement
is the best public education tool. Participants
observed that an April 2005 law that created a
maximum euro 10,000 fine for the purchase or
possession of counterfeit items, has helped increase
public awareness of IPR. At the same time,
enforcement with no public outreach risks creating a
backlash. Unless Italians understand the
seriousness of IPR theft (especially organized-crime
involvement) they will tend to oppose crackdowns on
consumers and street vendors. Many Italians tend to
sympathize with the immigrant vendors and see the
sale of fake bags and pirated music as a relatively
harmless way for these immigrants to earn a living
and allow budget tourists to return home with
affordable gifts.

--Need for Both Soft-Sell and Hard-Sell Approaches:
Much of the debate centered on what themes IPR
public outreach should emphasize. A public
communications expert pointedly criticized the anti-
piracy ads shown in Italian movie theaters.
Ordinary consumers, he said, tend to dismiss the
menacing images (accompanied by loud heavy-metal
music) of people in handcuffs. Others argued that,
while the "law-and-order" message is important,
public service campaigns also need to explain why
IPR is necessary for Italy's economic and cultural
well-being.

--Importance of Student Outreach: There was near-
unanimous agreement on the importance of student
outreach. Italian officials expressed great
interest in the Department of Justice's "Activate
Your Mind" project, a student education program the
DOJ is conducting in cooperation with Street Law and
Court TV. Many were impressed that Attorney General
Gonzales had himself spoken at U.S. public schools
to discourage Internet piracy.

--More Private/Public Sector Cooperation: Industry
and the GOI should make a greater effort to
coordinate activities by creating alliances among
the media, labor unions, chambers of commerce,
consumer associations, and local governments to
promote IPR protection. The deputy commander of
Florence's municipal police briefed the workshop on
police efforts to inform both tourists and locals
about Italy's IPR laws and the danger of heavy
fines. Florence police have enlisted local
merchants to distribute flyers explaining the law
and have posted notices on buses and in taxis.
Florence police, she said, make a point of
conducting systematic and highly visible raids
against street vendors as a complement to this
outreach.

[Comment: We believe the Florence campaign is
bearing fruit. Econoffs have seen a decrease in
street vending in the city over the past year.
Predictably, however, city police are loathe to
apply what many view as excessively high fines for
purchase and possession of counterfeited goods.
Thus, unless the level of the penalty is reduced, it
is unlikely that city police will increase
enforcement activities. Alternative sentencing,
such as community service, is not an option in
Italy. End comment.]

--------------
Ministry of Culture Takes the Lead
--------------


10. In concluding the event, Culture Ministry
Director General Paolo Carini indicated that the
Ministry would take the lead for IPR public outreach
and cooperate further with the U.S. Embassy to
develop ideas. He also indicated a desire to work
with Italy's Education Ministry to promote IPR
legality in schools and universities. He also
stated his office will try to obtain more budgetary
resources for IPR campaigns.

--------------
Comment
--------------


11. This workshop revealed the need for better
coordination within the GOI, and among industry
associations, on IPR public education. Copyright
industry groups in Italy, which largely represent
the interests of American multinationals, have
resources to spend on public education; but
government agencies by-and-large are reluctant to
cooperate closely with business. The Ministry of
Culture is a good candidate to spearhead IPR
outreach programs because it is the lead agency with
responsibility for copyright enforcement. The
Ministry also has authority over Italy's royalty
collection society, SIAE, which generates large
amounts of cash for the GOI via a surcharge on the
sale of books, music, movies, and software. We hope
that, in the future, SIAE will devote more of these
funds to promoting respect for IPR among the general
public. Recent leadership changes at SIAE leave us
optimistic that this agency will become more active
in anti-piracy efforts here. End comment.

Spogli