Identifier
Created
Classification
Origin
06ISTANBUL1445
2006-08-15 15:46:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Consulate Istanbul
Cable title:  

TURKEY AND THE FIGHT AGAINST MUSIC PIRACY

Tags:  ETRD KIPR USTR TU 
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TAGS: ETRD KIPR USTR TU
SUBJECT: TURKEY AND THE FIGHT AGAINST MUSIC PIRACY

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UNCLAS SECTION 01 OF 02 ISTANBUL 001445

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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.

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Music Piracy: Moving to the Internet
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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.

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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.

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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