TURKEY AND THE FIGHT AGAINST MUSIC PIRACY

UNCLAS SECTION 01 OF 02 ISTANBUL 001445 SIPDIS SENSITIVE SIPDIS DEPT PLEASE PASS USTR FOR JCHOE-GROVES AND LERRION DEPT PLEASE PASS USPTO FOR JURBAN AND EWU USDOC FOR ITA/MAC/CRUSNAK E.O. 12958: N/A TAGS: ETRD KIPR USTR TU SUBJECT: TURKEY AND THE FIGHT AGAINST MUSIC PIRACY ISTANBUL 00001445 001.3 OF 002 ¶1. (SBU) Summary: In a recent discussion with MUYAP, the primary local anti-music-piracy organization, we explored the nature of music piracy in Turkey and MUYAP's efforts to combat piracy in the country. According to MUYAP, Internet-based pirated music poses a significant problem for Turkey, especially due to legal ambiguities and a lack of international consensus and legal framework. Most piracy operations in Turkey are small-scale, due to the ease and low cost of producing illegal copies of CD's. MUYAP views current Turkish legislation as adequate, however feels there may be problems with implementation because of the lack of differentiation in punishment. End Summary. -------------- Music Piracy: Moving to the Internet -------------- ¶2. (SBU) We recently met with Mehmet Ali Kilic, representative of the MUYAP Association (Music Producers' Association) to discuss the nature of music piracy in Turkey and the efforts of MUYAP in combating piracy. MUYAP has around 90 members, representing 70-80% of the music market in Turkey and is the national branch of IFPI (International Federation of Phonogram and Videogram Producers). Overall, MUYAP believes that two-thirds of Turkey's music market is illegal pirated music. Kilic told us that pirated copies of CD's used to be imported from Russia and Ukraine. He explained a pirate can make 1,000 copies in a night with only a minimal investment in easily attainable and inexpensive CD burning equipment, obviating the grounds for importing. Additionally, Kilic claims that because production of pirated music is so easy and inexpensive, "big chains, big gangs, and big organized operations" are not involved in music piracy in Turkey. Most often MUYAP has encountered small, independent operations consisting of three to five people. ¶3. (SBU) Recently, MUYAP has noticed a shift in music piracy in Turkey from street sellers and shops to the illegal distribution of music files online. The spread of the Internet and the small size of individual song files, usually in the MPEG-1 Audio Layer 3 format (commonly known as MP3's),have allowed individuals a greater ability to easily download song files illegally. 
As connection to the Internet has become faster and easier, MUYAP now views MP3's as the preferred method for people looking to illegally obtain music. Kilic admitted to us that Internet piracy is hard to monitor, and that the legal aspect of pirated music online is more complicated, but stressed that the biggest threat to the industry today is the Internet. -------------- -------------- Anti-Piracy Operations on the Street and on the Web -------------- -------------- ¶4. (SBU) MUYAP focuses its activities on three core sectors: lobbying and legislation, Internet piracy, and street operations. In terms of street operations, prior to April 2005 MUYAP had difficulty achieving success. In April 2005 MUYAP joined forces with AMPEC, the Turkish branch of the MPA (Motion Pictures Association) and has found greater success as a result. AMPEC manages street operations for both organizations and has full authority for MUYAP in the operations. Operations now occur year-round and Kilic stated that there are generally between eighty and a hundred raids a month. MUYAP does not physically accompany the police on the raids, however their lawyers pursue the cases. When MUYAP believes there is a piracy problem in a given province, it organizes a committee bringing together representatives from the association, the police, the municipalities, and the governors. According to Kilic, in 2005 there were 709 operations resulting in the seizure of 335,082 pirated copies. Between January 1 and June 30, 2006, MUYAP reported that 216,219 pirated copies had been seized in raids. ¶5. (SBU) Despite recent successes, Kilic commented that the focus should be moved away from raids and towards shop inspections and licensing. A current problem is legal shop owners selling illegal CD recordings from downloaded MP3's. This poses a problem for law enforcement and MUYAP because the shops are legally registered and pay taxes, so a warrant is needed to search the premises. He expects that a ISTANBUL 00001445 002.3 OF 002 new certification law would be promulgated in 2007 providing for the licensing of shops by the Ministry of Culture. Although he did not elaborate, Kilic claimed that the new licensing regime "will help, because then we can reach the real people who make MP3 CD recordings as a profession." ¶6. (SBU) MUYAP dedicates a separate section to Internet piracy and has reportedly been successful, shutting down "213 sites through court decisions" and making other sites amend their site content by issuing warning letters. Kilic noted that previously there was no legal source to download MP3's in Turkey. That situation has now changed and licensing agreements have been signed with DEM (Dogan Elektronik Muzik) for the website www.muzikplay.com and PowerClub for the website www.powerclub.com.tr, with 70,000 to 80,000 songs now offered for legal purchase and download. He proclaimed that "compared to some other European countries, Turkey is more successful at shutting down pirated music websites," but allowed that Internet-based piracy was "hard to monitor." Sites may be closed, but "with file-sharing programs and online forums facilitating peer-to-peer sharing", it is harder to follow. Additionally, when a server hosting illegal music files is shut down, music pirates merely move to another server and continue to offer pirated music. Of particular difficulty a re website forums which facilitate peer-to-peer exchange, but don't offer the music themselves. Moreover, "responsibility is ambiguous" and "it is hard to see when legality ends and illegality begins." Kilic noted that difficulties with Internet piracy are not limited to Turkey, since there is no "international consensus or legal basis" to combat the problem. -------------- Lobbying and Legislation -------------- ¶7. (SBU) Kilic explained that there has been recently a lot of progress in terms of legislative infrastructure against piracy. "Legislation is very good," he said. "It is about where we should be." One issue however, is that "implementation might be a problem" since there is a social aspect to the criminal cases brought against pirates. "There is a debate ongoing, because there is no differentiation (in terms of fines) between the little guys and the big guys, and when judges see a little guy, they let him free because they feel that the sentence is too harsh," he elaborated. -------------- Comment -------------- ¶8. (SBU) By joining forces with AMPEC, MUYAP has become more successful in combating retail level piracy. MUYAP appears to have also achieved some success in shutting down illegal music file distribution on the Internet, however it is clear that MUYAP will continue to face difficulties combating online music piracy. Nonetheless, Kilic is optimistic and believes MUYAP can become more successful in its anti-piracy efforts. OUDKIRK