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Legalizing Cd Dvd Pirates Project - Trinidad, Tobago / Caribbean - Posted: 23rd Feb, 2008 - 2:54am
Posts: 1 - Views: 1267
Legalizing an illegality: Only in T&T
Legalizing Cd And Dvd Pirates Project
When I read the Express Editorial I could not believe that TTCO and TTAME could even entertain the idea of legalizing the thousands of pirate products that are widely on sale in this country. What a shame!
QUOTE I have been reading with growing alarm, consternation and bemusement a claim by the TTCO (not to be confused with COTT) and its sister organisation the TTAME concerning their boast that they are on a concerted drive to legalise the country's 5,000-plus CD and DVD pirates. What absolute nonsense from this body calling itself TTAME and its legal consultant Annabelle Davis.
Messrs Coryatt, DeCastro, Ramlal et al need to have their collective or individual heads urgently examined. The notion that an illegal act can be somehow legalised is not only a fiction, it is a bald-pated lie. Only Parliament through the legislature can by repeal make what was once illegal legal.
Ironically Parliament in the last month has in fact sought to get tougher on this illegal activity by increasing the fines for this nefarious activity through amendment of the Copyright Act. The timing therefore, of this misguided move could not be more galling.
The definition of piracy
At the heart of the concept of piracy is that it is by its very nature an illegal activity. It is often compared to larceny (or as we say in Trinidad plain unadulterated "tiefing") because it involves the illegal trespass against someone else's property without that person's consent, permission or authorisation.
In the case of the reproduction of creative works, the property is known as intellectual property and the owners of this property are first the creators and to some extent, the executive producers who have invested in its original production. Pirates who might have invested in its illegal reproduction via "bootlegging" are operating outside the law because they cannot show that they have been given permission or authorisation to reproduce the material by the original right owners.
Piracy offends the law of property because only the right owners of that property are entitled to decide to whom it is distributed and for what price.
There must be a chain of succession re the assigning of the property rights from the original right owners (creators or executive producers) right down to the eventual vendor.
Who can grant licences?
Licensing bodies such as COTT for example can show this authorisation because they have signed agreements (deeds of assignment) made between the original creator or composer of the work and COTT authorising COTT to collect royalties on behalf of that creator. Thus COTT can license that work and allow its use to radio stations, promoters et cetera for a fee which is later distributed back to the creator as royalties.
There is thus a clear traceable line of authorisation for the use of that work. In T&T the majority of local songwriters behind all the major local hits (Iwer George, Machel Montano, Bunji Garlin, Fay Ann Lyons, Shurwayne Winchester etc) are members of COTT, not TTCO, and have assigned their works to COTT.
Similarly, most of the creators/composers of international hits (whether they be performed by Sting, Linkin Park, Whitney Houston, Alicia Keys, Tupac, Jah Cure, Sean Paul or Beenie Man) are members of the major international copyright agencies such as BMI, ASCAP or PRS which all have signed reciprocal agreements with COTT which allows COTT to collect local royalties (for performing rights) on their behalf and to remit same to them.
In this sense therefore, COTT is the only local agency authorised to treat with, collect or license any use of these international material. TTCO has no such authorisation and therefore cannot license music CD pirates who we all know are selling the works of Tupac and the Jamaican reggae artistes on the streets.
Moreover, COTT has signed reciprocal agreements with MCPS and the Harry Fox Agency that allows COTT to collect and treat with reproduction or mechanical rights re these major international music hits and to remit them to these bodies as well....
Messrs Coryatt, DeCastro, Ramlal et al need to have their collective or individual heads urgently examined. The notion that an illegal act can be somehow legalised is not only a fiction, it is a bald-pated lie. Only Parliament through the legislature can by repeal make what was once illegal legal.
Ironically Parliament in the last month has in fact sought to get tougher on this illegal activity by increasing the fines for this nefarious activity through amendment of the Copyright Act. The timing therefore, of this misguided move could not be more galling.
The definition of piracy
At the heart of the concept of piracy is that it is by its very nature an illegal activity. It is often compared to larceny (or as we say in Trinidad plain unadulterated "tiefing") because it involves the illegal trespass against someone else's property without that person's consent, permission or authorisation.
In the case of the reproduction of creative works, the property is known as intellectual property and the owners of this property are first the creators and to some extent, the executive producers who have invested in its original production. Pirates who might have invested in its illegal reproduction via "bootlegging" are operating outside the law because they cannot show that they have been given permission or authorisation to reproduce the material by the original right owners.
Piracy offends the law of property because only the right owners of that property are entitled to decide to whom it is distributed and for what price.
There must be a chain of succession re the assigning of the property rights from the original right owners (creators or executive producers) right down to the eventual vendor.
Who can grant licences?
Licensing bodies such as COTT for example can show this authorisation because they have signed agreements (deeds of assignment) made between the original creator or composer of the work and COTT authorising COTT to collect royalties on behalf of that creator. Thus COTT can license that work and allow its use to radio stations, promoters et cetera for a fee which is later distributed back to the creator as royalties.
There is thus a clear traceable line of authorisation for the use of that work. In T&T the majority of local songwriters behind all the major local hits (Iwer George, Machel Montano, Bunji Garlin, Fay Ann Lyons, Shurwayne Winchester etc) are members of COTT, not TTCO, and have assigned their works to COTT.
Similarly, most of the creators/composers of international hits (whether they be performed by Sting, Linkin Park, Whitney Houston, Alicia Keys, Tupac, Jah Cure, Sean Paul or Beenie Man) are members of the major international copyright agencies such as BMI, ASCAP or PRS which all have signed reciprocal agreements with COTT which allows COTT to collect local royalties (for performing rights) on their behalf and to remit same to them.
In this sense therefore, COTT is the only local agency authorised to treat with, collect or license any use of these international material. TTCO has no such authorisation and therefore cannot license music CD pirates who we all know are selling the works of Tupac and the Jamaican reggae artistes on the streets.
Moreover, COTT has signed reciprocal agreements with MCPS and the Harry Fox Agency that allows COTT to collect and treat with reproduction or mechanical rights re these major international music hits and to remit them to these bodies as well....
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TOPIC: Legalizing Cd And Dvd Pirates Project