“Copyright Enforcement Will Cost Jobs and Prevent Access to Education and Entertainment” – Sunday, 4.4.2010

The Mirror, Vol. 14, No. 658

The past week brought quite a number of reports on the follow-up to the Prime Minister’s order to crack down on rampant illegal activities – especially deforestation – and on the sudden results of activities by the authorities, who before did not seem to know much about the warehouses of stored luxury grade wood, probably cut illegally. But now, in a couple of days, thousands of cubic meters of such wood is found. And there are questions considering the Prime Minister’s speech: “Are Oknhas Who Own and Operate Wood Storehouses in Siem Reap [also] Considered Betraying the Nation?” And: “Why Do the Authorities Not Arrest the Owner of the Tiger Beer Company Like They Arrested Yeay Mab for Illegal Wood Trading?” The next days and weeks and months will show more clearly if the present campaign is only a short-lived campaign, or if it is the beginning of some real change, that laws will be applied clearly, publicly, and strongly in future.

The Mirror carried a small headline on 1 April 2010 which also threatened stern legal action: “The Ministry of Information Released a Circular Prohibiting the Copying of Works of Authors Who Have the Copyright for Documents Being Copied” – the license of copy-shops which do this will be canceled, the Circular said, and they will be dealt with according to the law.

When this regulation is implemented, it will affect many hundreds of businesses which are operating publicly all over town in Phnom Penh, and surely also in many other provincial centers. But not only these businesses and their employees will be affected – it will have a very deep, and negative, impact on many sectors of society: first of all on education.

We repeat here a part of a study which has been published on the website of the World Trade Organization – WTO – which predicts grave negative social consequences.

“The implementation of copyright law will affect education and other fields relating to human resource development. In a poor country such as Cambodia, books, CDs and VCDs with copyright simply cannot be afforded because they would be too expensive for the average citizen. Pirated CDs, VCDs, and DVDs as well as copied books, unlicensed films and even imitations of circus performances and pantomimes may soon cease to exist in Cambodia. With the majority of the population earning less than one dollar per day, the enforcement of copyright law would take away the livelihood of thousands, and cut off many from educational and entertainment materials.

[Boldface added by The Mirror]

Source

When Cambodia was accepted into the membership of the WTO in 2004, the enforcement of copyrights – after a period of transition – was part of the deal. Cambodia had applied for membership mainly to get easier access to the markets of other WTO member countries; there had been not so much public debate about what other changes would come. Now, many documents related to Cambodia are on the WTO website – with many points to be considered and to be arranged and applied.

A visit to any of the many copy-shops shows that a large section of their business probably falls under the newly announced prohibition. They will either have to stop producing a lot of educational and study materials – or see their business licenses being revoked and their shops closed. But, as the WTO study says: not only thousands of employees of copy-shops will lose their employment – the whole population will be affected, as the study says: it will cut off many from educational and entertainment materials, as the originals of what is being copied are all much more expensive than the copies available until now.

The protection of intellectual property is nowadays a very high priority of the USA and of other economically strong countries. Any new trade agreement – bilateral or multilateral – has to accommodate these interests. And this does not only relate to books, but – as pointed out in the study above – also to information on CDs and DVDs, for entertainment and for education, and for production by computers: computer software.

Many people and the media have been moved to accept the term “piracy” for copying books or computer programs without the agreement of the original authors. But this term is wrong: “Pirates” take something away, so that the original owner does not have it any more, and they do it violently – if there is resistance, they often kill. By accusing people who share copies to be “pirates,” the argument becomes an ethical one between legal owners – mostly strong – and underpaid teachers in a poor educational system who copy educational material for students who do not have the money to buy original books.

What is hardly known is an aspect of US history: in the 19th century, the USA copied British books and argued that the USA, as a developing country at that time, could not accept the British reservations against copying of material which the USA needed for its development.

With the consent of the author, Roberto Verzola, a researcher in the Philippines, a section of his study is shared here:

Towards a Political Economy of Information – Studies on the Information Economy

Part I. Information and Intellectual Property Rights (IPR)

Chapter 3: U.S. Piracy in the 19th Century

Nineteenth century America was a major center of piracy. The principal target of U.S. pirates was the rich variety of British books and periodicals. The U.S. was a perennial headache among British authors and publishers, because foreign authors had no rights in America. American publishers and printers, led by Harpers of New York and Careys of Philadelphia, routinely violated British copyright and ‘reprinted a very wide range of British publications.’

James Barnes, who wrote an excellent book on this subject, said that the Americans were ‘suspicious about international copyright,’ and were afraid that recognizing international copyright meant ‘exploitation and domination of their book trade.’ Barnes noted that ‘as a young nation, the United States wanted the freedom to borrow literature as well as technology from any quarter of the globe, and it was not until 1891 that Congress finally recognized America’s literary independence by authorizing reciprocal copyright agreements with foreign powers.’

Barnes continued: ‘In 1831, an Act to Amend the Several Acts Respecting Copyrights was signed. It extended the copyright term from fourteen to twenty-eight years, with the option of renewal for an additional fourteen. If an author died, his widow or children could apply for the extension. For the first time, the law allowed musical compositions to be copyrighted. But not a word on international copyright. In fact, foreign authors were explicitly barred from protection, which in essence safeguarded reprints.’

Even the U.S. president at that time, John Quincy Adams, was himself ‘strongly opposed to international copyright.’em>

In 1837, Senator Henry Clay introduced a copyright bill before the U.S. Senate. Within days, ‘a flood of negative memorials reached Washington,’ and objections deluged both houses of Congress. The U.S. Senate’s Patent Committee rejected ‘the intention of the measure,’ its reasons sounding very much like the justification today of Third World countries for their liberal attitude towards intellectual property. The Committee’s reasons were:

  • A copyright agreement would promote higher book prices and smaller editions. The point was driven home by comparing the retail prices of new books in England and America, for it was universally acknowledged that English books were disproportionately more expensive.
  • A large portion of the U.S. publishers’ business ‘would be reduced perhaps as much as nine-tenths, certainly as much as three-fourths, if copyright be granted to foreign books.’
  • Copyright has never been regarded among nations as ‘property standing on the footing of wares or merchandise, or as a proper subject for national protection against foreign spoliation.’ Every government has always been left to make such regulations as it thinks proper, ‘with no right of complaint or interference by any other government.’
  • The U.S. reprinters advanced their own arguments for reprinting British publications without regard for international copyrights
  • They were making available to the American people cheap books which would otherwise be very costly if they had to compensate foreign authors. It was generally acknowledged that the low prices of American books would inevitably rise after the passage of a copyright treaty.
  • Access by the American printing industry to British works provided Americans with thousands of jobs.
  • Books are ‘unlike other commodities’; whereas it took the same amount of labor to create each new hat or boot, ‘the multiplication of copies of a book meant a saving on each additional facsimile.’

Several bills were introduced in 1870, 1871 and again in 1872, but they were all opposed by American publishers and the printing unions. And so it went. In the early 1880′s, the copyrights movement gained more strength, but not quite enough to overcome the more powerful forces that benefited from free and unrestricted access to foreign publications.

In July 1891, the U.S. Congress adopted the Chace International Copyright Act of 1891, establishing a framework for bilateral copyright agreements based on reciprocity. While the act granted copyright to resident and nonresident authors for a period of 28 years, renewable for another 14.

In 1952, the U.S. joined the Universal Copyright Convention [and also, for reference: Universal Copyright Convention, as revised in 1971], but not the Berne Convention, which was considered the ‘premier instrument of international copyright.’ Under the Universal Copyright Convention, the U.S. retained such protectionist measures as the requirement of manufacture in the United States.

In the meantime, the U.S. had been exerting tremendous pressures against Third World governments to adopt strict intellectual property laws and to strengthen their enforcement. By the late 1980′s, a number of governments, including Singapore, Hong Kong, Taiwan and South Korea in Asia, had finally succumbed to U.S. pressure.

And so in 1989, the U.S. finally and belatedly acceded to the Berne Convention for the Protection of Literary and Artistic Works.

All the former arguments of the USA and the actions of their government and parliamentary bodies sounds very familiar: these are the arguments from many developing countries today. It took the USA decades, until 1952 and 1989, to accept the conditions, which they now declare to be essential for international trade relations. Some social action groups, and some parliaments and governments try to stand up in the same way as the USA did in the 19th century.

But, as the study published on the WTO website says, there is ample fear that the results of copyright enforcement for Cambodian society at large may be very negative. Who is to blame, and who will have to bear the consequences? There are, of course, also efforts under way to have the whole concept and structures of copyright legislation fundamentally reconsidered, as it was developed under very different international conditions and mostly before modern information technology radically changed the possibilities of access to and sharing of information. It is up to society, and up to the governments caring for their societies, to get this process moving ahead.

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