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DE RUEHIT #1445/01 2271546
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P 151546Z AUG 06
FM AMCONSUL ISTANBUL
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INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
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UNCLAS SECTION 01 OF 02 ISTANBUL 001445 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT PLEASE PASS USTR FOR JCHOE-GROVES AND LERRION 
DEPT PLEASE PASS USPTO FOR JURBAN AND EWU 
USDOC FOR ITA/MAC/CRUSNAK 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR USTR TU
SUBJECT: TURKEY AND THE FIGHT AGAINST MUSIC PIRACY 
 
ISTANBUL 00001445  001.3 OF 002 
 
 
¶1. (SBU) Summary: In a recent discussion with MUYAP, the 
primary local anti-music-piracy organization, we explored 
the nature of music piracy in Turkey and MUYAP's efforts 
to combat piracy in the country. According to MUYAP, 
Internet-based pirated music poses a significant problem 
for Turkey, especially due to legal ambiguities 
and a lack of international consensus and legal framework. 
Most piracy operations in Turkey are small-scale, due to 
the ease and low cost of producing illegal copies of CD's. 
MUYAP views current Turkish legislation as adequate, 
however feels there may be problems with implementation 
because of the lack of differentiation in punishment. End 
Summary. 
 
------------------------------------ 
Music Piracy: Moving to the Internet 
------------------------------------ 
 
¶2. (SBU) We recently met with Mehmet Ali Kilic, 
representative of the MUYAP Association (Music Producers' 
Association) to discuss the nature of music piracy in 
Turkey and the efforts of MUYAP in combating piracy. 
MUYAP has around 90 members, representing 70-80% of the 
music market in Turkey and is the national branch of IFPI 
(International Federation of Phonogram and Videogram 
Producers). Overall, MUYAP believes that two-thirds of 
Turkey's music market is illegal pirated music.  Kilic told 
us that pirated copies of CD's used to be imported from 
Russia and Ukraine. He explained a pirate can make 1,000 
copies in a night with only a minimal investment in easily 
attainable and inexpensive CD burning equipment, obviating 
the grounds for importing. Additionally, Kilic claims that 
because production of pirated music is so easy and 
inexpensive, "big chains, big gangs, and big organized 
operations" are not involved in music piracy in Turkey. 
Most often MUYAP has encountered small, independent 
operations consisting of three to five people. 
 
¶3. (SBU) Recently, MUYAP has noticed a shift in music 
piracy in Turkey from street sellers and shops to the 
illegal distribution of music files online. The spread 
of the Internet and the small size of individual song 
files, usually in the MPEG-1 Audio Layer 3 format 
(commonly known as MP3's), have allowed individuals a 
greater ability to easily download song files illegally. 
As connection to the Internet has become faster and 
easier, MUYAP now  views MP3's as the preferred method 
for people looking to illegally obtain music. Kilic 
admitted to us that Internet piracy is hard to monitor, 
and that the legal aspect of pirated music online is 
more complicated, but stressed that the biggest threat 
to the industry today is the Internet. 
 
--------------------------------------------- ------ 
Anti-Piracy Operations on the Street and on the Web 
--------------------------------------------- ------ 
 
¶4. (SBU) MUYAP focuses its activities on three core 
sectors: lobbying and legislation, Internet piracy, 
and street operations. In terms of street operations, 
prior to April 2005 MUYAP had difficulty achieving 
success. In April 2005 MUYAP joined forces with AMPEC, 
the Turkish branch of the MPA (Motion Pictures 
Association) and has found greater success as a result. 
AMPEC manages street operations for both organizations 
and has full authority for MUYAP in the operations. 
Operations now occur year-round and Kilic stated that 
there are generally between eighty and a hundred raids a 
month. MUYAP does not physically accompany the police on 
the raids, however their lawyers pursue the cases.  When 
MUYAP believes there is a piracy problem in a given 
province, it organizes a committee bringing together 
representatives from the association, the police, the 
municipalities, and the governors. According to Kilic, in 
2005 there were 709 operations resulting in the seizure of 
335,082 pirated copies. Between January 1 and June 30, 
2006, MUYAP reported that 216,219 pirated copies had been 
seized in raids. 
 
¶5. (SBU) Despite recent successes, Kilic commented that the 
focus should be moved away from raids and towards shop 
inspections and licensing. A current problem is legal shop 
owners selling illegal CD recordings from downloaded MP3's. 
This poses a problem for law enforcement and MUYAP because 
the shops are legally registered and pay taxes, so a 
warrant is needed to search the premises. He expects that a 
 
ISTANBUL 00001445  002.3 OF 002 
 
 
new certification law would be promulgated in 2007 providing 
for the licensing of shops by the Ministry of Culture. 
Although he did not elaborate, Kilic claimed that the new 
licensing regime "will help, because then we can reach the 
real people who make MP3 CD recordings as a profession." 
 
¶6. (SBU) MUYAP dedicates a separate section to Internet 
piracy and has reportedly been successful, shutting down 
 "213 sites through court decisions" and making other 
sites amend their site content by issuing warning letters. 
Kilic noted that previously there was no legal source to 
download MP3's in Turkey. That situation has now changed 
and licensing agreements have been signed with DEM (Dogan 
Elektronik Muzik) for the website www.muzikplay.com and 
PowerClub for the website www.powerclub.com.tr, with 
70,000 to 80,000 songs now offered for legal purchase 
and download.  He proclaimed that "compared to some other 
European countries, Turkey is more successful at shutting 
down pirated music websites," but allowed that 
Internet-based piracy was "hard to monitor."  Sites may be 
closed, but "with file-sharing programs and online forums 
facilitating peer-to-peer sharing", it is harder to follow. 
Additionally, when a server hosting illegal music files is 
shut down, music pirates merely move to another server and 
continue to offer pirated music. Of particular difficulty a 
re website forums which facilitate peer-to-peer exchange, 
but don't offer the music themselves. Moreover, 
"responsibility is ambiguous" and "it is hard to see when 
legality ends and illegality begins." Kilic noted that 
difficulties with Internet piracy are not limited to 
Turkey, since there is no "international consensus or 
legal basis" to combat the problem. 
 
------------------------ 
Lobbying and Legislation 
------------------------ 
 
¶7. (SBU) Kilic explained that there has been recently a lot 
of progress in terms of legislative infrastructure against 
piracy. "Legislation is very good," he said. "It is about 
where we should be."  One issue however, is that 
"implementation might be a problem" since there is a social 
aspect to the criminal cases brought against pirates. 
"There is a debate ongoing, because there is no 
differentiation (in terms of fines) between the little guys 
and the big guys, and when judges see a little guy, they 
let him free because they feel that the sentence is too 
harsh," he elaborated. 
 
------------ 
Comment 
------------ 
 
¶8. (SBU) By joining forces with AMPEC, MUYAP has become 
more successful in combating retail level piracy. MUYAP 
appears to have also achieved some success in shutting 
down illegal music file distribution on the Internet, 
however it is clear that MUYAP will continue to face 
difficulties combating online music piracy. Nonetheless, 
Kilic is optimistic and believes MUYAP can become more 
successful in its anti-piracy efforts. 
OUDKIRK