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gilly@tstt.net.tt
Is
tief dey tiefing
Jump
high, jump low—if you are looking at any movie on pirated
material or listening to music on a CD which has been reproduced
without the authority of the owner or contrary to the law,
then sorry to burst your innocent bubble but you are contributing
to the commission of an offence.
Yes, that is the reality of the situation and the global
occurrence of rampant piracy is a problem that will not
easily go away because worldwide, consumers of the product
do not feel that their purchases or rentals of the pirated
material are wrong.
It is not only a lack of education on the subject that makes
people indulge in the practice of buying illegal or counterfeit
items, for some of the perpetrators know better. Before
any business transaction commences, both parties are well
aware that the items have not been made above board.
Yet still pirated business is booming and the shelves continue
to be packed with the offending material.
Stop de ting
The call to stop the illegal trade has been falling on deaf
ears with offenders establishing multiple branches in and
out of town. The recent indication by the Minister of Legal
Affairs that the lawlessness must stop is a strong message
that must be accompanied with appropriate action.
Minister Peter Taylor, who did apologise for what appeared
to be an attack of my article some weeks ago, can be assured
that he will receive full support from those bodies, institutions
and individuals who recognise that the law protecting the
creative genius of people must be respected.
The law must act as a deterrent not only because of the
stiff penalties to be imposed for its breach but also because
offenders must realise that the laws are being effectively
implemented.
Prosecutions of perpetrators must be fair and in accordance
with the rules of natural justice and due process but this
does not mean that rebuttable presumptions in law are excluded.
It is hoped that when the copyright legislation is debated
in the Lower House, consideration will be given to placing
the evidential burden on the accused to prove that he had
the authority from the relevant holder or owner of the copyright
to deal with the particular goods.
Failure to follow the law must be met with serious consequences.
You are stealing
Face the facts—the wrong continues because it makes
the seemingly expensive world of entertainment more affordable
and undoubtedly more accessible.
There are several people and entities that have led the
charge to stop the pirates but like the Pitch Lake that
replenishes itself, the pirates that disappear are replaced
tenfold.
It is like the syndrome of “here today and still here
tomorrow.”
Commendation must be given to the Intellectual Property
Office and its staff of legal and technical experts who
have forced by sheer dint of their hard work and expertise,
past and present governments to pay attention to this rapidly
growing area of law called intellectual property.
Perhaps the name of the area suggests its high degree of
technicality and so is an immediate turn-off to those who
should pay special regard to its existence.
Would you like someone to steal your jewelry or break and
enter your home using the excuse that you had jewels in
abundance and robbing you of one gem would not make you
poorer?
What if the assailant who illegally entered your home claimed
that the premises had been abandoned for years and therefore
no one would be adversely affected by his unauthorised entry
and occupation?
There are basic legal principals that bind us as a society
and deviation from these rules which ensure social order
leads to chaos and anarchy.
No more excuses
I have heard excuses from people who ought to know better,
most of them playing the roles of principals after the fact,
justifying their participation in the act of piracy. The
reasons range from the sublime to the ridiculous.
OK, I admit my exaggeration as to the legal culpability
of those who encourage the unlawful trade in pirated material
by buying or renting the stolen product but the point has
to be made.
But a message has to be sent that there will be zero tolerance
for those who refuse to adhere to the law.
The unauthorised and pirated material is cheap and the demand
for the illegal product is fuelling the trade.
The vendors of illegal DVDs and CDs are as common as the
doubles vendors around the corner and displays of pirated
stuff inviting willing customers to buy the product is in
full view of everyone, including law enforcement officers.
The fact that the police have not hauled every person involved
in the trade down to the police stations and charged them
is indicative that there is some problem or problems in
the enforcement of the laws dealing with intellectual property.
Is it that the law is unclear or is it that this area is
one which police officers find difficult to understand?
Has anyone taken the time to train a cadre of officers in
the field so that such members of the Police Service can
develop and perfect their knowledge and expertise in the
area?
It is special
For years I have suggested that there is need for specialisation
in the departments that are involved in criminal detection,
law enforcement and criminal prosecution of matters involving
intellectual property.
One has to appreciate that it is a highly technical and
specialised area that calls for an understanding of the
law from beginning to end.
It involves property and so becomes even more complicated
because criminal and civil liabilities are involved.
Further, if there has been a wrongful seizure of goods then
the party responsible for seizure of the goods could face
constructional action.
Instead of dealing with the matter at hand by taking the
bull by the horns and confronting the situation of piracy
with a coherent attack, the preference has been to turn
blind eyes with the hope that the problem will either go
away or that the people affected by having their rights
trampled upon will lift their hands in frustration and accept
the status quo.
My approach is very different! The law is there to protect
people and if law-abiding citizens who deserve protection
of their rights are being neglected, then attention must
be paid to their plight and the matter has to be resolved.
This is the challenge that Minister Taylor faces and one
which calls for politics to be put aside.
The current comptroller of the office, Mazeena Kadir, could
attest to the repercussions that will be faced by this country
in the international arena should we show disregard for
our treaty obligations in the area of intellectual property.
Already our image is poor in terms of crime fighting.
We do not need to extend the categories of our incompetence.
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