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The copyright issue is not being addressed in Carifesta

Dear Editor,
During all these Carifesta happenings, not once has the issue of copyright been seriously addressed. If I am wrong then the media has not adequately, if at all, given much coverage here. It is rather unfortunate because this issue has a direct impact on the lives and success of our creative professionals, our artists. With all the debate on governments’ contribution, or lack thereof, to the development of the arts, I believe it is time that this copyright issue be seriously addressed.

This is one issue that can be addressed without costing a government millions or billions. A bit of my own experience as a creative professional is in order: I am a professional photographer practising in the consumer and commercial photography markets. I have had my work misused, abused, stolen, counterfeited – in short used without my permission, violating my rights to my own creations! The moment I create a photograph it belongs to me, and I have the right to make copies or authorise others to do so.

I had cause to go public just before the start of the festival last week because one of my images was taken from my website (www.dwayne hackett.com) and reproduced in a giant artwork on the East Bank of Demerara, complete with Carifesta logo, in full view of where I journey every day! Only after making the issue public was the concerned artwork promptly removed. I could have taken legal action but I chose not to.

Or could I? Is there a provision in the current laws to make such an action worthwhile?
The matter was amicably resolved and an apology offered to me, which I accepted.
The trouble hasn’t ended there. This week I became aware of three more instances in which my work has been improperly appropriated. There is a particular set of images created by me which I gave permission to a local newspaper to reproduce as part of highlighting the venues of some of the Carifesta events. I gave permission to the newspaper for it to be used editorially. Yet I have recently become aware of at least one of these images being used to print official Carifesta outdoor signage, an official Carifesta postcard and now T-shirts and tote bags! As I write this letter, I am attempting to get this matter sorted out.

My good intentions for Carifesta have been exploited by a third party and now my images are bringing in for them hefty profits, while I have to settle for nothing? No way, I don’t get duty-free concessions on any of my equipment.

This brings me back to the larger issue of copyright infringement. Our artists are being exploited every day. Just a few months ago, Eddie Grant called for a boycott of Carifesta by artists (and artistes) because of government’s failure to address the copyright issue. Sure there are many excuses and seemingly valid explanations, whatever they be. A popular bookstore has closed, our writers, artists, musicians, generally our intellectuals are departing, simply because it doesn’t make economic sense to continue doing your work here in Guyana.

The copyright infringe-ments continue on a daily basis. The list is long: music CDs, movie DVDs, books, artworks, photographs, designs of all types, and so on. Not only are our musicians and artists affected. So are our writers, designers, architects, software develop-ers, database creators, documentary producers, film-makers, photographers. The list is too long.There is no excuse for copyright infringement and the failure to implement copyright and intellectual property rights legislation is inexcusable. Let the debates and discussions begin – again. This is the first salvo. There is more to come.
Yours faithfully,
Dwayne Hackett

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9 Responses to “The copyright issue is not being addressed in Carifesta”

Irreverend
on August 29th, 2008 10:23 am

Das why me nah put none a me wuk online. Me even friken fuh write one book because somebody gun photocopy am and tief am. You should a sue he tail and get some money from he! Most a dem don’t know a thing about copyright issue because from since school days dem bin a photocopy and plagairize and burn CD etc. and nobody ever tell dem a wrang thing dem a do.

[Reply to this]
GREG
on August 30th, 2008 2:51 am

I feel your pain. Guyanese artiste are weak. The boycott should have been enforced to put some pressure on Govt to show the seriousness of the matter. Further, you should take legal action about the infringements to establish a precedent.

[Reply to this]
mike charles
on September 2nd, 2008 2:17 am

Hackett, I share your displeasure with the absence of copyright legislation in Guyana. I have recently produced my third DVD “WILD GUYANA” and firmly believe that this is my last DVD production. If we don’t have a change of this blatant stealing of intellectual property rights, I will have to cease my exposition of Guyana. I was unable to recover my expenses for the production of the DVD “GUYANA YOURS TO DISCOVER VISIT GUYANA 2007 EDITION” and recovery of the break even cost of production of “WILD GUYANA” looks bleak also.
My last three (3) years were of real blood, sweat and tears to produce “WILD GUYANA” HOWEVER you could go to beginning of Regent Street at those music/DVD stores and purchase this DVD as I did.
I stood in the store and stared at the cashier photocopying the flyer from my original DVD, she then inserted the flyer in a substandard DVD case, then placed a burnt copy of WILD GUYANA that was readily available from a stack. It got worse when she told me that the cost is $600 plus 16% VAT.
If this issue of copyright infringement is not addressed shortly, Guyana will lose in the long term.

Regrets
Mike charles

[Reply to this]
GREG
In reply to the above comment on September 2nd, 2008 10:57 pm:
Mike you are taking this lightly. Find a lawyer to take this case and have this matter/business taken to court. You do not have to have copyright laws to make an example of this business based on what you saw. If money is a problem I would be the first to contribute to an international fund to assist. We have to start some where. You have ground for compensation.

I bought one of your DVDs on line at paypal. Can you indicate where where I can get the others.

[Reply to this]
mike charles
In reply to the above comment on September 11th, 2008 9:05 pm:
Hello Greg, where r u located?
I will send you to the closest place in North America for the DVDs.
Thanks for your advice. I will have a press release shortly with those persons who I will take to court.

Thanks and best regards
Mike Charles

Dwayne Hackett
In reply to the above comment on September 3rd, 2008 10:41 am:
Mike,
It is so, not only sad but maddening - this counterfeiting, bootlegging, fakery, illegal copying - there are so many names but call it what it is- only who feels it knows it. It seems as though these copyright infringements have become so commonplace in Guyana that it is now acceptable! Even those who should know better are caught up in the thing. As Martin Carter puts it ‘All are involved, all are consumed…’.
It is very discouraging what is happening to us authors of original works. The legislative environment offers no real worthwhile support and this just makes one despondent and sometimes I ask myself, ‘Why am I still working out from this country?’
When wrong becomes the accepted thing and the right way seems strange, what hope do we have? Once again we as authors of whatever form of material we produce, need to come together, organize, and agitate so that our rights can be protected.

Regards,
Dwayne Hackett

[Reply to this]
GREG
In reply to the above comment on September 15th, 2008 7:44 pm:
Hi Mike,

I am in Dallas, TEXAS. I am hereby giving SN the permission to give you my email address.

[Reply to this]
Dwayne Hackett
on September 3rd, 2008 11:59 am

Guyana is a signatory to the Berne Convention and the WTO’s TRIPS agreement. However local legislation has still not been enacted to formalise these copyright conventions.

Anyone who says we don’t have copyright, I would encourage you to go copy some currency and see how that goes! It’s easy you know, with all the technology available to the consumer!

[Reply to this]
Irreverend
on September 3rd, 2008 12:31 pm

Eh eh. Me gun colour photocopy some local currency an den go to the DSVD on Regent Street and buy some bootleg DVD and see who gun get charge fuh wat in the Courts.

[Reply to this]