GOE REAFFIRMS PROTECTION OF COPYRIGHTS

UNCLAS SECTION 01 OF 02 ADDIS ABABA 002149 SIPDIS E.O. 12958: N/A TAGS: ECON ETRD EINV EAGR ET SUBJECT: GOE REAFFIRMS PROTECTION OF COPYRIGHTS SUMMARY -------------- ¶1. (U) The Ethiopian Government (GoE) destroyed close to half a million pirated copies of locally produced music CDs, software, Ethiopian-produced DVD films and foreign-produced pornographic films on 27 July 2008 at Meskel Square in Addis Ababa in the presence of senior government officials, artists, producers and residents. Most of the pirated material was piled up and crushed, but a small portion of it was burned in a ceremonial bonfire. Minister of Information Berhan Hailu said that the GoE was making strides to better protect copyrighted material because of the detrimental effect pirated goods were having on the economy. Ethiopian Audiovisual Association (EAA) chairperson Equbai Berhe said the illegal copies, which were worth millions of dollars, have been creating socio-economic problems. Ato Esayas Asmelash, the Copyright Protection Team Leader at the Federal Corruption and Anti-Ethics Commission (FCAEC),told post's economic officers that a coordinated effort launched by the government has been taking various measures to stop illegal piracy of Ethiopian artists' intellectual property. The government's priority right now is to create awareness of the problems created by pirated materials and the public destruction of these materials on 27 July was a welcome initial push in these efforts. End Summary. BACKGROUND -------------- ¶2. (U) Though the Copyright and Neighboring Rights Protection Proclamation, which protects the rights of copyright owners and associated beneficiaries, was enacted in June 2004, until recently the GoE has made no serious effort to enforce these rights. The GoE's first actions were in mid-July 2008 when police began a round-up of pirated materials to include in the ceremonial destruction on 27 July. Ato Esayas, the Copyright Protection Team Leader at the FCAEC, told post's economic officers that a coordinated effort launched by the government in tandem with the EAA has now taken various measures to stop the illegal copying activity. These efforts include: developing a workable strategy of awareness creation and follow-up, creating awareness among different stakeholders (such as the police, courts, and Ministry of Justice), and establishing a "collective management society." Esayas also said that in the past, the government's efforts had been disorganized, but now an Ethiopian Intellectual Property Rights Council (EIPRC) has been created to implement the government's strategies. Until now, the Ministry of Trade had licensed DVD rental stores to operate without consulting the copyright holders of the materials to be rented. Thus, the rental stores were free to rent both original and pirated films with the Ministry of Trade's unknowing concurrence. ¶3. (U) Ato Esayas confirmed that the recent crack-down on pirated materials did not include foreign copyrighted material, with the exception of pornography. The Ministry of Culture and Tourism was responsible for ensuring that all foreign-produced pornography was included in the material destroyed on 27 July on indecency, rather than IPR, grounds. Esayas noted that Ethiopia was not a signatory to any of the international treaties and agreements dealing with copyright issues and until the time that they became a signatory, foreign-produced material would not be included in the government's crack-down. Esayas did indicate that the Ethiopian government's plan was eventually to sign these treaties, though it was not currently a priority of the EIPRC. ¶4. (U) Organizations present at the destruction ceremony on 27 July included: Federal Police, EAA, EIPO, EIPRC, Ministry of Culture and Tourism, Ministry of Information, the Addis Ababa Mayor's Office, and others. To date, no arrests have been made for violation of copyright and piracy issues. Esayas indicated that the primary reason for the lack of arrests is the general lack of awareness. Most law enforcement officials have not been informed that their duties include enforcement of copyright issues. The ceremony on 27 July was designed to change that. Additionally, the current standards for punishment of copyright crimes are being reviewed. At present, the maximum imprisonment term for violation of copyright issues is two years in a federal prison. The EIPRC is pushing the Ministry of Justice to increase this term to five years with the hopes that the increased time will act as a deterrent to copyright criminals. CHALLENGES TO THE GOVERNMENT'S PLANS -------------- ¶5. (U) The biggest obstacle the government feels it has in enforcing copyright protection is awareness. To be successful the government will need to improve awareness from the lowest beat cop to the highest ministerial official. From the producer of copyrighted material's perspective, the major challenge in helping to protect copyrighted material is the creation of a national copyright symbol. This symbol needs to be easily identifiable and difficult to counterfeit so that it can be placed on original materials of all types and make the identification of pirated materials easier for law enforcement personnel. ADDIS ABAB 00002149 002 OF 002 COMMENT -------------- ¶6. (U) The mid-July police raid on pirated electronic media and their July 27 destruction are fantastic examples of GoE responses to protect citizens' rights as well as of strong collaboration between the GoE and a private sector association. Ensuring the protection of intellectual property rights is necessary for enhancing investment and economic development in Ethiopia. The government seems to be on the right track by implementing measures to protect Ethiopian-produced materials, but will need to recognize international treaties and agreements which protect foreign-produced materials before they can be taken seriously by investors in foreign-produced materials. A concerted effort on the part of several government entities and stakeholders will be necessary for the government's current efforts to take hold. Applauding this positive GoE step presents a good opportunity for USG officials to broach the broader issue of IPR protection, and specifically the protection of the intellectual property rights of foreign works, with senior GoE officials. Post will closely follow this issue for further developments. End comment. MALAC