Identifier
Created
Classification
Origin
08PORTOFSPAIN116
2008-03-07 17:24:00
UNCLASSIFIED
Embassy Port Of Spain
Cable title:  

DVD PIRACY DEBATE CONTINUES

Tags:  ETRD KIPR KCRM TD 
pdf how-to read a cable
VZCZCXRO8925
PP RUEHGR
DE RUEHSP #0116 0671724
ZNR UUUUU ZZH
P 071724Z MAR 08
FM AMEMBASSY PORT OF SPAIN
TO RUEHC/SECSTATE WASHDC PRIORITY 9028
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
UNCLAS PORT OF SPAIN 000116 

SIPDIS

SIPDIS

STATE FOR EB/TPP/IPE, INL, WHA/CAR
JUSTICE FOR OPDAT R LIPMAN

E.O. 12958: N/A
TAGS: ETRD KIPR KCRM TD
SUBJECT: DVD PIRACY DEBATE CONTINUES

REF: (A) 07 Port of Spain 320, (B) 08 Port of Spain 060

UNCLAS PORT OF SPAIN 000116

SIPDIS

SIPDIS

STATE FOR EB/TPP/IPE, INL, WHA/CAR
JUSTICE FOR OPDAT R LIPMAN

E.O. 12958: N/A
TAGS: ETRD KIPR KCRM TD
SUBJECT: DVD PIRACY DEBATE CONTINUES

REF: (A) 07 Port of Spain 320, (B) 08 Port of Spain 060


1. SUMMARY: The Trinidad and Tobago Copyrights Collective
Organization (TTCO) announced on February 14 its intention to issue
"mechanical licenses" to the estimated 5,000 vendors selling pirated
DVDs. According to the GOTT Intellectual Property Office, TTCO does
not have agreements with the DVD copyright holders and has no
authority to issue licenses. TTCO's announcement came days before
the Senate unanimously passed the Copyright Amendment Bill, which,
if approved by the House of Representatives, will strengthen legal
enforcement mechanisms. END SUMMARY.


2. The Trinidad and Tobago Copyrights Collective Organization (TTCO)
announced on February 14 its intention to issue mechanical licenses
to the estimated 5,000 vendors selling pirated DVDs in Trinidad and
Tobago. TTCO, along with the Trinidad and Tobago Association for
Media Entertainment (TTAME),an organization that represents DVD
vendors, asserted the licensing would legalize the DVD trade and
eliminate piracy. It was estimated licensing would increase local
DVD prices from TT$10 (US$1.60) to TT$60 (US$10). [NOTE: Legitimate
DVDs sell for TT$150 (US$16) to TT$225 (US$37.50) in Trinidad.] At
its press briefing, TTCO said it had so far sold 50 vendor licenses.



3. Representatives from the GOTT Intellectual Property Office (IPO,
part of the Legal Affairs Ministry) and the Police Service met
privately with the TTCO leadership after the announcement. Tene
Reece, IPO Deputy Controller, told EconOff that the GOTT made it
clear to TTCO that the group did not have authority to issue
licenses since it lacked agreements with copyright holders to
manufacture, distribute, and market films. At the conclusion of the
meeting, the organization's attorney acknowledged there was no legal
basis for TTCO's licensing drive. Reece believes that TTCO has
since stopped selling licenses. [NOTE: Carihome Holdings Limited
subsequently announced it holds exclusive rights in T&T to
distribute movies owned by 14 film studios, including Walt Disney,
20th Century Fox, Universal, and Paramount. Carihome plans to
develop a distribution network here for legal DVD sales starting
later this month.]


4. TTCO's licensing drive came on the heels of a nationwide piracy
crackdown and just days before the Copyright Amendment Bill was
reintroduced in the Senate. The Copyright Amendment Bill stiffens
sentences for individuals who engage in piracy for profit to 10
years and allows for fines of up to TT$250,000 (US$41,600). Although
the Bill was unanimously passed by the Senate, the debate over its
merits raised concerns among street vendors and their supporters.


5. In speaking against the bill, DVD vendors argued they are just
trying to make a living, not committing a serious criminal offense.
Some Senate members agreed, with Opposition legislator Jennifer
Jones-Kernahan calling the proposed bill "draconian" and stating
that "the man on the street trying to make a living is not our
enemy." With crime on the rise, some public commentary also
criticized recent crackdowns as distracting police from going after
"real criminals." Minister of Legal Affairs Peter Taylor, though,
pushed back during the Senate debate, saying that "if on the one
hand we are talking about reducing crime ...you cannot be sending
mixed messages by decrying the police and law enforcement agencies
when they crack down on these pirates by saying you are depriving
someone of a job." He also noted that piracy is often directly
linked to the drug trade and even organized crime. While the debate
will continue when the House considers the Copyright Amendment Bill
later this month, it is unlikely social welfare concerns will derail
the legislation's final passage.


AUSTIN