Trinidad and Tobago is a twin island republic with a population of about 1.5 million people. It is the most industrialised Caribbean island and one of the more developed third world countries.
Trinidad and Tobago updated its intellectual property laws in 1996, under the stewardship of then Minister of Legal Affairs, Mrs Kamla Persad Bissessar. This was a response to major criticism from international organisations with copyright interests.
The new Intellectual Property and Copyright Legislation affected all levels of society sometimes in dramatic ways. It particularly influenced the indigenous music industry that is well established and globally celebrated. The local music industry provides a nexus of cultures from Africa, India, Europe and North America. The steel pan is an internationally acclaimed musical instrument that was invented here. Carnival harmonises the vibrant skill and inventiveness of locals, and combines with calypso music to make Trinidads culture a unique one.
For years, these arts existed without any heavy influence of (or acquiescence in) the then dilatory intellectual property legislation. Artists were therefore never fully compensated for their work. Ironically, this never dampened their passionate creativity. However, more people are now aware of their rights, and the modernised intellectual property legislation has caused a significant overhaul in the everyday life of citizens, particularly with respect to the large music industry.
Intellectual property in daily life
I have always read the opening pages of books where the message any unauthorised reproduction of material without prior permission from the author is forbidden is written alongside the copyright symbol. A similar message labels music albums, prohibiting their public performance.
As a young student, I also observed the wholesale photocopying of books, as well as the selling of copied music cassettes at roadsides. This was common practice. Even respected persons, such as teachers, engaged in and encouraged the wholesale photocopying of textbooks. When I inquired about the legality of such practices I was often told not to worry about that.
In 1996 things changed. The government of the day dented this culture by passing new intellectual property laws. The Copyright Organisation of Trinidad and Tobago (COTT) was formed and immediately cracked down on music piracy, then also a new term, and the illegitimate duplication of literature and software.
Before 1996, it was a common sight to see the young and unemployed selling pirated cassettes on the roadside. These were custom-made tapes of the best songs, sold for a quarter of the original price. Even the legitimate music stores participated. When the police and COTT started patrolling the streets, raiding stores and seizing the material, many people could not understand why.
Today, this piracy has stopped, but it required huge effort and resources to convince the population that the government was doing the right thing. Street vendors complained they had no other way of earning a living and were doing nothing wrong.
The Minister herself often appeared on television to explain that it was stealing. Advertisements featured artists who relayed the strong message that piracy took food out of their childrens mouths.
The banning of pirated music directly impacted on me, as an occasional purchaser. The change meant heavier investments for the music I enjoy.
Today, with compact disc (CD) burners available, music stores would have made a killing pirating discs. I possess a small collection of about ten CDs because I cannot afford to purchase originals costing upward of 120 Trinidad dollars. Prices of compilations, which include the best songs of the year, are more expensive because of the copyright dues that must be paid to many artists and others.
When COTT started, they implemented a fee that would be paid by taxi drivers if they played their car radios. The same fee would apply for radio broadcasts in malls. The public outcry against this was tremendous. Some local artists boycotted COTT because they felt this would stifle their music, not help it. COTT claimed taxis were public places and broadcasts without permission were unauthorised.
I objected to COTTs argument. I believed that sponsors, sport broadcasters and newsrooms paid money to get as wide a listening audience as possible. Thankfully, this rule is difficult to enforce and I can still hear the news in a taxi. But at the mall or gym I sometimes have to endure hearing the same music album every day.
Calypso discord
There is currently a dispute over the payment of royalties to the writer of the winning calypso for the 2001 Carnival. Songs have been traditionally sold to the artist for a few thousand dollars, and all rights given to the artist thereafter. With new copyright laws, some songwriters are now claiming rights to the prizes awarded to winning artists although they may not have had a previous agreement. Since the winnings of the calypso monarch usually includes a car and cash, one can rightly argue that the songwriter deserves some reward.
The calypso artist apparently agreed and has since paid her songwriter half her earnings! For me this suggests that the cost of CDs will increase next year, as well as the cost of clubbing, since DJs will be charged higher fees for copyright licences. Yet I concur it should be done. It is time to change the stigma of writers being intellectuals without material possessions.
Now that there is copyright legislation, permission must be obtained to record any aspect of the Carnival shows. Photography of costumes intended for publication also requires special permission. Nothing is extravagant about these rules, but the international media complains that dues to be paid for recording rights are too high. They claim they are advertising Trinidad, and should not pay at all. I take the view that the Carnival means fantastic material for publication and broadcast, and that the international firms capitalise on this; it is only fair that some royalties be paid to costume designers and artists.
This year the argument over intellectual property royalties went too far. The local television stations were unable to give live broadcasts of the Panorama Steel Pan finals for the first time in over thirty years. The reason was that there was no consensus on the fees to be paid by the station to the promoter for the live telecasts. I was one of the many disappointed television viewers on the Carnival weekend.
Digital temptation
Trinidad and Tobago has the fastest growing computer market in the region. Still, the typical middle class income makes the purchase of new software out of reach for many. Software is always being upgraded and to invest, say, one hundred US dollars every two years for new versions of Microsoft Windows is strenuous.
The burning of CDs is a great lure for many to escape buying software and does occur. The downloading of MP3 music files is not as prevalent in Trinidad since the quality of sound leaves a lot to be desired. Software piracy is a bigger problem. To stay on the right side of the law, students must tolerate rapidly outdated programs until they are not compatible with anything else on a system.
My personal computer has evolved to become my main daily source of information and entertainment. The plethora of free information on the Internet can entice many people into copyright infringements without realisation. For me this means being careful about what I download and how I use it as I daily surf the Internet. The simple act of using a saved image as desktop wallpaper can be illegal. The COTT frequently publishes bulletins warning of the illegality of pirated software. Nevertheless, as technology kicks into the mainstream of daily life, the strong temptation to tread the less expensive path will remain for many.
Copying to learn
A more controversial aspect of copyright legislation in Trinidad was its impact on the photocopying of educational material. Parents argued that they simply couldnt afford all the textbooks required by their children. The new laws threatened to upset all educational aspirations. Britain had recently removed Trinidad from its subsidised textbook scheme, making higher-level texts four times as expensive.
The government protected the pockets of primary school students by standardising books at that level, but books for British Advanced Level examinations remain overwhelming for most.
The situation is even more critical at University. Budgets are smaller and costs higher. Signs above the librarys photocopiers state the new copyright laws. Most students do their photocopying off-campus. I see this every day. Stores have disclaimer notices stating that material sent for copying is assumed to be the owners private property and for personal use only.
The savings a copy machine gives are a lifesaver for frugal students. Trinidad is still a third world country but it is not a beneficiary of book subsidies such as those given to comparable countries. This is by no means a justification for illegal reproduction. Intellectual property laws should, if anything, apply to intellectual writings. But it can seem that intellectual property laws help reinforce the perpetual cycle of poverty. This is clear in the manufacture of generic drugs for AIDS from new patents aimed at reducing pharmaceutical costs, which has resulted in the South African government being sued for trying to save lives.
Swallowing the pill
Nevertheless, as an engineering student, I feel better knowing that the new laws ensure improved protection for any ideas I may later develop. My recent entry and idea for the Prime Ministers Awards for Invention 2000 was bound by strict intellectual property agreements that would have made it arduous for anyone seeking to access and imitate my work.
The development of intellectual property awareness is in its infancy in Trinidad. It should help science and arts grow, but can do the opposite if the system is abused. The effect on daily life has initially been restrictive. Yet people who were previously robbed are now being compensated.
My higher costs are a hard pill to swallow, but it is better to be on the right side of the law and in good conscience. Above all, intellectual property legislation helps ensure that everyone does the right thing in daily life; as a consequence, one cannot unknowingly steal from others. I will adapt to it.
