SENEGAL,S COPYRIGHT OFFICE FIGHTING TO PROTECT ITS

C O N F I D E N T I A L DAKAR 000836 SIPDIS SIPDIS STATE FOR EB/CIP/BA, AF/EPS AND AF/W USDOC PLS PASS USPTO FOR JENNIFER CHOE-GROVES E.O. 12958: DECL: 04/05/2011 TAGS: ETRD KIPR EIND ECON SCUL PGOV SG SUBJECT: SENEGAL,S COPYRIGHT OFFICE FIGHTING TO PROTECT ITS "GOLDMINE OF CULTURE" REF: STATE 014937 Classified By: CDA Robert P. Jackson for reasons 1.4 (b) and (d). SUMMARY -------------- ¶1. (U) In response to the Embassy,s sharing of talking points regarding the 2006 Special 301 Review, the Director General of the Bureau Senegalais du Droit d,Auteur (BSDA), Senegal,s copyright office, says she is firmly committed to protecting the intellectual property rights (IPR) of authors and artists, to combating violations of IPR in Senegal, and to working with the Embassy to accomplish both goals. IPR FOR DEVELOPMENT -------------- ¶2. (C) Ndeye Siby, the Judge serving as head of BSDA, with a reputation for being both cold-as-ice and hard-as-steel, greeted us with initial reticence upon entering her office. She refused to acknowledge our presence for the first few minutes, and then launched directly into a stern lecture on how the international community must take a broad view of IPR as a development tool. She said countries should protect IPR not merely because of international obligations, but also because it is necessary for economic development. ¶3. (C) She followed with a description of her daily battles to protect the &goldmine of culture upon which she sits.8 Senegal has a bounty of musicians known throughout the world, plus artists, writers, and, increasingly, software developers. Among its duties, BSDA is responsible for collecting royalties and distributing them to copyright-holders. Siby told us that more than 16 billion CFA francs (CFAF) (USD 32 million) was due to be paid to her agency last year by those using songs and other works. BSDA collected only 50 million CFAF (USD 100,000). Radios, the most popular form of entertainment and communication, and television stations )- even those operated by the GOS -) frequently fail to pay royalties for the use of artists, work. According to Siby, transportation companies are the worst violators. In fact, she recently served Air Senegal International, the Government-owned airline, with a warrant for IPR infringements. Airlines often play music or show films in the cabin and may carry advertisements in their magazines, all of which must be permitted by the relevant copyright-holder. AN ABOUT-FACE -------------- ¶4. (C) When we told Siby that we wished to support her efforts, she instantly softened and said how happy she was. She told us of a draft bill that she is planning to submit to the National Assembly to incorporate its obligations under the Bangui Agreement. That agreement, ratified in 2002, established a common system of IPR protection among all francophone African countries. Its incorporation into Senegal,s law would serve as an effective deterrent to IPR violators, something currently lacking, by dramatically increasing the fines for a copyright violation to 500,000 CFAF (USD 1,000) to 5 million CFAF (USD 10,000) and imposing prison sentences of two to five years. COMMENT -------------- ¶5. (C) Senegal is in a prime position to show that it can be a model country among the developing world in protecting IPR. There is a foundation of IPR legislation in place, and there is growing public debate about the problem of piracy. Moreover, a display of commitment by the GOS to protecting IPR would encourage foreign companies to invest in greater numbers, and would inspire Senegalese musicians and other artists, some of whom have stopped writing and recording for fear of having their work stolen, to produce more. END COMMENT. JACKSON