T&T COPYRIGHT AMENDMENT DEBATE HIGHLIGHTS ROLE OF EDUCATION

UNCLAS SECTION 01 OF 02 PORT OF SPAIN 000060

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: T&T COPYRIGHT AMENDMENT DEBATE HIGHLIGHTS ROLE OF EDUCATION
IN CHANGING BEHAVIOR

REF: 07 Port of Spain 320


1. SUMMARY: Recent parliamentary debate on the Copyright Amendment
Bill has drawn the attention of government officials and the media
to the issue of intellectual property rights in Trinidad and Tobago.
One Member of Parliament called for education to combat piracy and
encourage good decision-making among at-risk youth. The proposed
Amendment includes provisions to simplify enforcement and implement
WIPO treaties. Debate is expected to resume in mid-February, at
which time the Amendment is expected to pass with minor
modifications. Recent and forthcoming INL-funded USG initiatives in
T&T respond to points made during the debate thus far. END SUMMARY.


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Education is Critical to Fighting Piracy
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2. In recent years, IP advocates in T&T have used the annual
Carnival season to draw attention to the hardship that music piracy
creates for popular local musicians who give dozens of public
performances from mid-January to mid-February. This year, following
several post-Christmas, pre-Carnival raids on pirated CD and DVD
vendors, parliamentarians got into the act too, as the Trinidad and
Tobago Senate debated the long-awaited Copyright Amendment Bill.
Minister of Legal Affairs Peter Taylor introduced the bill on
January 16, generating significant interest from a number of his
fellow Senators and local media.


3. The Copyright Amendment Bill strengthens enforcement not only by
enhancing police search and seizure powers and authorizing
Magistrates to levy charges based on a sample inspection of
counterfeit goods, but also by allowing complaints to be filed by a
non-exclusive licensee. Once passed, according to Ministry of Legal
Affairs contacts, the bill will bring T&T into compliance with the
World Intellectual Property Organization's (WIPO) Performances and
Phonograms Treaty, as well as the WIPO's Copyright Treaty, both
priorities for U.S. industry.


4. During Senate debate, opposition leader Wade Mark estimated that
music and video piracy is a TT$200 million to TT$1 billion (US$33
million to US$160 million) industry that has a significant effect on
the TT$352 million (US$60 million),11,000 person local
entertainment industry. Mark called for an educational campaign
focusing on school-age children to help the public understand the
impact of piracy, particularly on local artistes. He also, however,
emphasized enforcement, challenging the Ministers of Legal Affairs
and National Security to establish an anti-piracy unit within the
Police Service or as part of the elite Special Anti-Crime Unit
(SAUTT).


5. Fellow United National Congress (UNC) Senator Cindy Sharma,
herself a school teacher, also focused her upper Chamber comments on
the need for better education, tying quality educational
opportunities in fields such as music to good decision-making and
respect for others among youth at risk of falling into criminal
behavior. She stated, "We need to educate young people in making
the correct choice from a moral point of view and to respect other
people's property." Sharma called on the government to establish a
music academy to cultivate young talent in a controlled environment.
She further noted that while many young people are unconcerned with
copyright violations, their involvement in the pirated music trade
means they will be disproportionately affected by the legislation.



6. Minster Taylor, for his part, acknowledged the need for public
education in opening remarks at a regional WIPO conference held
January 21-25 in Port of Spain, announcing that the Legal Affairs
Ministry would undertake an intense campaign to discourage the
purchase of pirated goods. Taylor stressed the importance of
implementing a legislative framework to discourage piracy, while
also educating the public about intellectual property rights.

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Prospects for the Amendment's Passage
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7. Independent Senator Dana Seetahal voiced concern that the
Copyright Amendment Bill contravened the fundamental rights of
citizens as outlined in the constitution and thus required a special
majority vote in Parliament. Specifically, she pointed to the
powers granted to Magistrates, allowing them to charge defendants
based on all goods confiscated, not just the sample inspected. In
addition, Seetahal recommended the prosecutorial timeline for IPR
violations be extended from six months to one or two years to allow
police to properly investigate and prepare cases. She added that
the current maximum sentence of 20 years was too long, suggesting a

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maximum sentence of 2 years. (NOTE: Following the Senate debate, a
local magistrate issued to two vendors of pirated discs sentences
amounting to TT$60,000 (US$9,600) or 2 years in prison each,
reportedly the highest fines to date for piracy convictions in T&T.
END NOTE.)


8. According to Tene Reece, Deputy Controller in the Ministry of
Legal Affairs' Intellectual Property Office, the Senate returned the
bill for minor revisions and postponed further debate until February
12 to allow additional members of the Opposition to speak. Despite
the Opposition's interest in further debate, they have indicated
their willingness to support the bill and ensure that it passes by a
special two-thirds majority. Thus, Reece anticipates the bill will
be passed in mid-February following further debate. Once the Senate
has approved the bill, it will be debated in the House.

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Local Organizations and Artists Weigh In
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9. In a conversation with EconOff, Allison Demas, CEO of the
Copyright Organization of Trinidad and Tobago (COTT),expressed
optimism the Copyright Amendment would be passed with only minor
changes. However, she cited enforcement of the law as the key
challenge to combating piracy. Speaking at a promotional event, and
perhaps recalling the Metallica-backlash from a few years ago, local
musician Machel Montano recommended a softer approach, suggesting
that sending young people to jail for copying CDs was too severe.
Instead, he believes the energies of T&T's youth should be
redirected toward the legitimate music industry.


10. COMMENT: While passage of the Copyright Amendment Bill will
significantly enhance the enforcement powers afforded police and
Magistrates with respect to intellectual property, the educational
component of the GOTT's strategy to combat piracy will not only help
address piracy, but also encourage young people to make the "correct
choice" in a broader sense and ultimately help develop a more law
abiding populace. Judging from local media commentary, this
dimension of the Senate debate is resonating in a country that has
been fixated on violent crime. As with most things here, going
beyond good intentions to implementation will be key.


11. COMMENT CONTINUED: We note two activities funded by State/INL in
T&T are relevant to the Senate debate on the Copyright Amendment.
During Carnival 2007, INL funds helped pay for our Fifth Annual
Ambassador's Song and Verse Contest that aimed at raising awareness
among student (and their teachers and families) of the importance of
respecting intellectual property rights. As reported reftel, Post
used last year's highly successful Song and Verse Contest to help
the T&T Ministry of Legal Affairs get its foot in the door of the
Ministry of Education and get an IPR curriculum into T&T classrooms.
On the enforcement side, INL is funding a series of workshops
organized by USDOJ/OPDAT to help local authorities develop a
handbook of best practices to detect, investigate, and prosecute IP
violations. The first workshop is planned for March 11-13 in Port
of Spain. END COMMENT

AUSTIN