Copyright and intellectual property rights issues and CARIFESTA

Aug 29, 2008 Letters

DEAR EDITOR,
During all these CARIFESTA happenings, not once has the issue of copyright been seriously addressed.

If I’m 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.dwaynehackett.com) and reproduced in a giant artwork on the East Bank of Demerara, complete with CARIFESTA logo, in full view of where I journey everyday!

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 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 an unauthorised 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 everyday. 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 infringements continue on a daily basis. The list is long: music CDs, movie DVD’s, 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 developers, 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.
Dwayne Hackett