VZCZCXRO8925
PP RUEHGR
DE RUEHSP #0116 0671724
ZNR UUUUU ZZH
P 071724Z MAR 08
FM AMEMBASSY PORT OF SPAIN
TO RUEHC/SECSTATE WASHDC PRIORITY 9028
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS PORT OF SPAIN 000116 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EB/TPP/IPE, INL, WHA/CAR 
JUSTICE FOR OPDAT R LIPMAN 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR KCRM TD
SUBJECT: DVD PIRACY DEBATE CONTINUES 
 
REF: (A) 07 Port of Spain 320, (B) 08 Port of Spain 060 
 
¶1. SUMMARY: The Trinidad and Tobago Copyrights Collective 
Organization (TTCO) announced on February 14 its intention to issue 
"mechanical licenses" to the estimated 5,000 vendors selling pirated 
DVDs.  According to the GOTT Intellectual Property Office, TTCO does 
not have agreements with the DVD copyright holders and has no 
authority to issue licenses.  TTCO's announcement came days before 
the Senate unanimously passed the Copyright Amendment Bill, which, 
if approved by the House of Representatives, will strengthen legal 
enforcement mechanisms.  END SUMMARY. 
 
¶2. The Trinidad and Tobago Copyrights Collective Organization (TTCO) 
announced on February 14 its intention to issue mechanical licenses 
to the estimated 5,000 vendors selling pirated DVDs in Trinidad and 
Tobago.  TTCO, along with the Trinidad and Tobago Association for 
Media Entertainment (TTAME), an organization that represents DVD 
vendors, asserted the licensing would legalize the DVD trade and 
eliminate piracy.  It was estimated licensing would increase local 
DVD prices from TT$10 (US$1.60) to TT$60 (US$10).  [NOTE: Legitimate 
DVDs sell for TT$150 (US$16) to TT$225 (US$37.50) in Trinidad.] At 
its press briefing, TTCO said it had so far sold 50 vendor licenses. 
 
 
¶3. Representatives from the GOTT Intellectual Property Office (IPO, 
part of the Legal Affairs Ministry) and the Police Service met 
privately with the TTCO leadership after the announcement. Tene 
Reece, IPO Deputy Controller, told EconOff that the GOTT made it 
clear to TTCO that the group did not have authority to issue 
licenses since it lacked agreements with copyright holders to 
manufacture, distribute, and market films.  At the conclusion of the 
meeting, the organization's attorney acknowledged there was no legal 
basis for TTCO's licensing drive.  Reece believes that TTCO has 
since stopped selling licenses.  [NOTE: Carihome Holdings Limited 
subsequently announced it holds exclusive rights in T&T to 
distribute movies owned by 14 film studios, including Walt Disney, 
20th Century Fox, Universal, and Paramount.  Carihome plans to 
develop a distribution network here for legal DVD sales starting 
later this month.] 
 
¶4. TTCO's licensing drive came on the heels of a nationwide piracy 
crackdown and just days before the Copyright Amendment Bill was 
reintroduced in the Senate.  The Copyright Amendment Bill stiffens 
sentences for individuals who engage in piracy for profit to 10 
years and allows for fines of up to TT$250,000 (US$41,600). Although 
the Bill was unanimously passed by the Senate, the debate over its 
merits raised concerns among street vendors and their supporters. 
 
¶5. In speaking against the bill, DVD vendors argued they are just 
trying to make a living, not committing a serious criminal offense. 
Some Senate members agreed, with Opposition legislator Jennifer 
Jones-Kernahan calling the proposed bill "draconian" and stating 
that "the man on the street trying to make a living is not our 
enemy."  With crime on the rise, some public commentary also 
criticized recent crackdowns as distracting police from going after 
"real criminals."  Minister of Legal Affairs Peter Taylor, though, 
pushed back during the Senate debate, saying that "if on the one 
hand we are talking about reducing crime ...you cannot be sending 
mixed messages by decrying the police and law enforcement agencies 
when they crack down on these pirates by saying you are depriving 
someone of a job."  He also noted that piracy is often directly 
linked to the drug trade and even organized crime.  While the debate 
will continue when the House considers the Copyright Amendment Bill 
later this month, it is unlikely social welfare concerns will derail 
the legislation's final passage. 
 
 
AUSTIN