TV piracy law early 2000
by Sharief Khan
ALL those movies being shown on local television stations without permission and the pirating of American and other television programmes are likely to be illegal here early next year. President Bharrat Jagdeo announced in Miami last week that the new copyright bill, which covers these and other issues, will be passed into law in the first quarter of the year 2000. The draft bill has been circulated to interest groups by Culture, Youth and Sports Minister, Ms Gail Teixeira and was the subject of a workshop Monday afternoon at the Umana Yana in Georgetown. Television station owners and operators were among those at the consultative workshop which involved other interested stakeholders. The bill is open for discussion and is to be presented to Cabinet for approval and transmission to the National Assembly. President Jagdeo yesterday afternoon in Georgetown met owners and operators of television stations on the fees structure for broadcasters and related issues, the Chronicle understands. The new Copyright Bill will among other things, make it illegal for local television stations to pirate movies and news, talk shows and other programmes, bringing the sector in line with the practice in the region and many other parts of the world. Guyana is one of the few countries where television pirating (broadcasting the property of others without permission and paying royalty and other fees) is still rampant. Mr Jagdeo's announcement that the law will be in force before the end of the first quarter next year came at a plenary luncheon of the 23rd annual Miami conference on the Caribbean and Latin America organised by the Washington-based Caribbean/Latin American Action group. Responding to a question from a delegate about violations of intellectual property rights and the lack of proper copyright legislation for music and other producers here, the President said the new copyright legislation has been drafted and its passage early next year would address these concerns. The draft legislation in circulation notes that the law on copyright in force in Guyana is substantially the Copyright Act 1956 of the United Kingdom. "Rapid and dramatic technological advances, especially over the last three decades, have revolutionised the modes of creating and disseminating information and extended the categories of works requiring copyright protection", it points out. It says promoting and encouraging cultural expressions by nationals "within a legal framework which provides protection from the unauthorised exploitation of their creative endeavours" was critically important to the development of national and cultural identity. "Additionally, there have been significant developments on the international copyright scene, having effect worldwide, which point to the need for up-to-date domestic legislation reflecting international standards." The draft says the provisions of the bill are consistent with the principal international agreements affecting copyright, including the copyright section of the Agreement on the Trade-Related aspects of Intellectual Property Rights (IPR). The Miami conference included a special session on IPR on the final day at the Hotel Inter-Continental, the venue for the sessions over four days last week. The bill is consistent, in style and content, with the pattern of the updated copyright laws of several member states of the Caribbean Community (CARICOM). "The similarity in legislative approach facilitates collaboration and common action in this field, where necessary or desirable", the draft explains. A Copyright Tribunal is to be established under the new law and the Police will be given powers to prosecute for offences created authorising the extension of the provisions to nationals of other countries. IPR as it relates to computer programmes and computer-generated work is also covered in the bill. Offences carry fines and jail terms and include making for sale or hire recordings known to be illicit. Importing recordings other than for private and domestic use and selling/hiring these without sufficient consent are also illegal under the proposed laws. Summary conviction on some offences carry a fine of $50,000 and two years in jail or five years jail and $250,000 fine on conviction on indictment.
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