Is Restitutia Commercia Expulsis Piratus still alive in The Bahamas or are there still modern-day pirates making a fast dollar on the intellectual property of others?
From the DVDs of the top movies being sold on every side corner, to the hit songs of local artists which pummel through the airwaves everyday – all need to be protected.
Bootlegging is back in The Bahamas and if you really think about it, it never left.
However, prosecution of people infringing on the Copyright Act may be a bit premature as it is not on stream with the regulations by the World Trade Organization (WTO) and is currently being revised by the Attorney General’s Office.
A major concern by many local musicians, however, is the accurate collection of royalties from local radio stations and Cable Bahamas, hence there was a push for the establishment of a Royalties Tribunal and Copyright Registry. The Royalties Tribunal is currently raking in the cash a lawyer from the Attorney General’s Office confirmed.
And what exactly is copyright?
“Copyright is the legal protection extended to the owner of the rights in original work that he has created, and comprises two main sets of right: the economic rights and the moral rights. The economic rights are the rights of reproduction, broadcasting, public performance, adaptation, translation, public recitation, public display and distribution etc. Moral Rights include the author’s right to object to any distortion, mutilation or other modification of his work that might be prejudicial to his honor or reputation.”
Vice president of the Bahamas Musicians and Entertainers Union, and legendary Bahamian crooner Ronnie Armbrister told the Guardian on Wednesday that it is taking to long for the Copyright Law to be enacted to conform with international standards.
” I feel like Bahamian music needs to be protected. I think it’s really taking too long. It’s time that we protect our music so that the writers and artists can really get what they deserve to get … because what I see is a lot of Bahamian music being played and the writers are not really getting their just due,” he said.
He said that some dialogue begun with the Attorney General’s Office, which organised seminars for musicians and artists to acquaint them with the law.
“But those seminars have fallen short and were discontinued. What we really need now is for the AG’s Office to reintroduce those seminars whereby the musicians, entertainers, the writers, the poets and craftsmen can all get together and really know what the correct law is all about because right now, everybody is only guessing, and it is not fair to one who is writing his own material to be guessing what is going to happen at the end of the day,” said Mr Armbrister.
Currently, Bahamian musicians register their music with the American Society of Composers, Authors and Publishers (ASCAP) and BMI and Performance Rights Society (PRS)
“Some radio stations don’t want to pay. Any establishment that plays can music (recorded music), like the hotels and the restaurants who have jukeboxes, all of these people are supposed to pay royalties. Once they play it, then the artists should get it. A lot of the radio stations here in The Bahamas don’t pay. Some pay and some don’t. I won’t call any names,” said Mr Armbrister.
He said that before the law is passed with its amendments, it is his wish for the AGs office to consult with musicians and other people involved.
“We would like to see how best it suits our members or the artists. Whatever they are putting together, may be from other copyright laws throughout other parts of the world. We would like for it to be at an even bar so we can use it wherever we go. A lot needs to be done and we should get together with the AGs Office. They are drafting this law and we should have seminars and things should be passed on to all the members and musicians or the artists, so that if they have some discrepancies they can query it and see if it suits The Bahamas, because everything that might suit someone else, may not suit us,” he said.
The Guardian contacted Shane Miller of the Attorney General’s Office, who is responsible for matters relating to the Copyright Law who explained that the law came into effect in 2000, but there were amendments made this year which were passed, but not called into effect yet by the Minister.
With regard enforcement of the current law, he said there are some internal policies that are being addressed.
“As far as the whole globalization process is concerned, there are a number of things that has to be drawn and to be changed in relation to intellectual property. The Copyright Act is in effect, but to bring it to a level that the world would accept, there are things that need to be changed and incorporated, or in part included in the new amendment for permanent and future stronger provisions as it relates to enforcement. That is our main concern at this point but that’s not going to happen overnight,” he said.
Mr Miller said there are a lot of issues that relate to world trade which will come into effect and affect The Bahamas as well. He assured, however, that the works of local artists are still protected.
“There is an understanding among the local organisations here, and the artists that basically, as far as local musicians are concerned, that the radio stations will adhere to the rights of individuals. Even those that do all the copying. You wouldn’t see much copying done for local artists. The problem comes with regard to international artists. The way the law stands now, you need a virtual complainant to make a charge to the police in order for the police to take any action. Yet, the police isn’t empowered to go and shut down operations. That is the status where we are,” said Mr Miller.
He admitted that the AGs Office has not facilitated an overall general education campaign regarding intellectual property as a whole. However, it has been recommended this be carried out as The Bahamas prepares for globalization.
He explained that The Bahamas is a member of World Intellectual Property Organisation (WIPO).
“As a member of WIPO, we can rely on the services of WIPO to assist in public education. We are currently looking into those possibilities as a start but no, there has not been a general education campaign as to what Copyright means,” Mr Miller said.
“This is a very, very wide area, but as far as copyright is concerned, whatever decision the government makes in relation to a move into globalization, we will have to amend our laws to be online with international standards as it relates to enforcement of copyright and other intellectual property rights. If we are going to be in the position of protecting property internationally, we have to be in the position to say we have the local infrastructure and legislation in place to do it,” he said.
Vanessa Rolle, The Nassau Guardian
