Obsolete copyright laws expose Guyana’s Intellectual Property

May 15, 2014 News

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By Kiana Wilburg
When one takes a simple stroll around Stabroek or Bourda Market, many stall holders are eager to entice you with “bootleg DVDs” three of which cost $500.
Even copies of locally produced work, be it literature or music, can be had, illegally, at very affordable prices. Copyright laws, which provide for the protection of creations of the mind, are intended to inhibit the illegal reproduction and sale of “intellectual property.”
But like some laws in Guyana, copyright laws have been constantly ignored, misunderstood and outdated.

The common excuse is, “If you take this away, then how will the poor be able to access these very items?” Intellectual Property Law Expert, Miss Abiola Inniss, a researcher at Walden University USA in Law and Public Policy, asserts that Guyana cannot continue to use this excuse at the expense of leaving its “innovative class” without protection.
The Graduate of DeMontfort University School of Law, made this declaration at a recent lecture held at the Education Lecture Theatre of the University of Guyana.
During her presentation the expert said that Intellectual Property and copyrighting laws are areas that have been highly contentious and filled with many misconceptions.
Intellectual property, she explained, refers to creations and inventions of the mind. These are protected in various ways, one of which involves copyright laws. These laws enable people to earn recognition and financial benefits from what they invent or create, she said.
The copyright laws help to foster an environment in which creativity and innovation can be encouraged and allowed to flourish, she said.
The circumstances which informed the drafting of Guyana’s copyright laws have changed. Technology has advanced to such a stage that the local laws have become obsolete and useless, Ms Inniss said.
Technology has become such a major influence over copyright laws and how they must now be drafted that it has even posed challenges to traditional book writers who must now fight to stay relevant.
Inniss said that there are four main classes of intellectual property which can be infringed and since Guyana is primarily focused on copyright laws then the problem that will occur is the inability to monitor what exactly is manufactured and how much of it will be reproduced and who would be able to monitor what is going on?
The issue of creating relevant laws that can effectively deal with these matters since the developments in technology is one of the greatest challenges for law makers and policy makers regionally because the developments are moving faster than the laws can keep up now, she said.
The expert said that with the advent of online platforms for publishing, the development has also created another phenomenon and that is —cross border challenges.
“Take for example Amazon.com where books can be published and sold on the website. There are a number of issues that arise here. What about copyright in those circumstances? What happens in cross border arrangements?
“If I am in Guyana and publish with Amazon and I have a dispute with my work and someone in another country where would it be decided? These are all questions we have to pay attention to as we surf on the tidal wave of change. Our laws in Guyana have not been reformed to deal with this and so there is no room for anyone who wants to seek satisfaction legally.”
“Guyana has laws which date back to 1956 and despite of its World Trade Organization membership which requires that it enforces and enacts certain legislation in order to get certain trade benefits, there has been no new legislation.
“We have no supporting mechanisms, no awareness programmes and the law is as you know ignored.”
Inniss added, “In policy analysis and implementation, what you need to do is to address your issues from the bottom and then go up. Look at what is happening underground.
“If you go to the market what will you find? You will find people selling knockoff clothes, DVDs and CDs and why is it happening? Most say that if you were to take that away what would you offer the poor in order for them to survive?
“But you cannot use it as a continuous excuse to not have laws to protect the intellectual property of the country and have your international reputation at stake and so it is a government issue as to what policy they will create to deal with those issues to work with the economy and then create laws that will take care of those two levels while ensuring that it applies to international regimental standards.
“We cannot continue to operate in a piecemeal fashion.”
The expert said that it is about time we pay attention to these issues. She urged Government to take heed, reform the laws and stop riding on the excuses.

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