intellectual property rights cultural industries caricom brown

8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown

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CARICOM

CARICOM

Intellectual Property Rightsand the

Cultural Industries in CARICOM

Dr. Hilary Brown

CARICOM Secretariat

World Intellectual Property Day

Guyana

26 April 2010


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CARICOM

CARICOM Presentation Outline

The Creative Economy and the Value ofCultural Industries

Global Trends in the Development ofCultural Industries

Caribbean Cultural Industries International and Regional Context for the

Development of Cultural Industries Regional Task Force on Cultural Industries National and Regional Initiatives in IP CARIFORUM-EU Economic Partnership

Agreement Conclusions


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CARICOM

CARICOM The Creative Economy

Creative, Digital, Knowledge Economy Creativity is a powerful engine of economic

growth & wealth creation

Profound impact on trade and development

Foster income generation, job creation &export earnings as well as social cohesion,cultural diversity, human development

Creative content is driving the new

technologies & sales (30 - 50%) incomputers, internet, iPods, cell phones,ecommerce (IFPI Music & Internet, 2006)

Cultural and creative industries at the core


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CARICOM

CARICOMDefining the Cultural &Creative Industries

The term creative or cultural industriesrefers to the production, distributionand consumption of

copyrightable, identity-related &

aesthetic

goods, services, and intellectualproperty embodied in film, television,

books, music, theatre, dance, visualarts, works of mas, fashion,multimedia, animation etc. (CRNMStudy, 2006)


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CARICOM

CARICOMDefining the Cultural &Creative Industries

Cycles of creation, production anddistribution of goods and services thatuse creativity and intellectual capitalas primary inputs.

They comprise a set of knowledge-based activities that produce tangiblegoods and intangible intellectual or

artistic services with creative content,economic value and marketobjectives

(UNCTAD 2008)


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CARICOM

CARICOM Typology of Creative Industries

CreativeCore

Interdependent CI

Partial Copyright Industries

Music Book publishing Audio-visual Festivals Performing arts Visual arts Copyright

collective mgt

Music instrumentsand equipment Music & videoplayers, blankrecording material

Fashion designJewelry designCostume productionAdvertisingArchitecture


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CARICOMCARICOM

Income Streams in theCreative Industries

Books

CDsDVDsPaintingsMusicinstrumentsGarments &

jewelryCraft

GOODS SERVICES

Liveperformances

Design servicesAudio & audio-visual productionservicesManagementand technical

support services

INTELLECTUAL

PROPERTYRIGHTS

Royalty income

Licensing feesCollectiveadministrationDigital rightsmanagement


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CARICOMCARICOM

Synergies between theCreative Economy & Other Sectors

CREATIVE INDUSTRIES

CREATIVE ECONOMY

CREATIVEARTS

ICTs/

MEDIA

IP

TOURISM

AGRICULTURE

FINANCE

TRADE

EDUCATION

MANUFACTURING


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CARICOMCARICOMGlobal Trends and Prospects in the Creative& Cultural Industries

The cultural/creative industries sector is one ofthe fastest growing sectors of the world-economy.

In the period 2000 to 2005 trade in culturalgoods and services grew at an average of 8.7 %per annum (UNCTAD 2004)

The value of world exports of creative goodsand services was US$424.4 billion in 2005,representing 3.4% of world trade (UNCTAD 2008)

Best estimates value the sector at 7 per cent ofthe worlds gross domestic product and forecastare put at 10 per cent growth per annum(UNCTAD 2004)


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Leading sector in more developed countries: InEurope in 2003, creative industries were valuedat EUROS 654 billion, and were growing 12%faster than overall economy;

USA in 2003: sector contributed 6% of GDP andaccounted for 4.7 million jobs (UNCTAD 2007)

The value of world exports of creative goodsand services was US$424.4 billion in 2005,representing 3.4% of world trade (UNCTAD 2008)

Brazil: creative industries represented 6.7% ofGDP and 5% of employment; Mexico 4.77% ofGDP and 11% employment; Jamaica 5.1% ofGDP and 3% of employment (WIPO, 2006)


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Presents an opportunity for developingcountries to make quantum leap into new value-added areas

Not currently benefiting from the potential oftheir creative economies despite the richness ofthe cultural expressions, talents and diversity indeveloping countries

Out of 132 developing countries, 85 have neverproduced one commercial film

In 2004, UNCTAD estimated that developingcountries accounted for only 3% of worldmarkets for paintings and approximately 4% forsculptures


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CARICOMCARICOM Prospects for Caribbean Creative Industries

The global demand for Caribbean creativeindustries is growing and provides good returns

on investment (literary works, fashion, festivals,

world music)

Growth in the diasporic economy is generatingdemand for domestic & regional content and

provides a bridge to mainstream and

international markets

Emergence of new markets:Electronic communitiesDiasporic exportsIntra-regional marketsSouth-South markets

Cultural/heritage tourism


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CARICOMCARICOM Caribbean Festival Tourism:Comparative Economic Impact in 2000TrinidadCarnival

St. LuciaJazz

BarbadosCropover

Visitor

Arrivals

42,646 11,041 3,485

VisitorExp.

(US$m)

17.7 14.8 3.2

Benefit-cost ratio

4.1:1 7:1 2.9:1


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CARICOMCARICOMEconomic Contribution of DiasporicCaribbean CarnivalsFESTIVAL ATTENDANCE VISITOR/

AUDIENCE

EXPENDITURE

Notting Hill -London

2 million overtwo days

93 mn.

Labour Day

New York

3.5 million $300 mn.

Caribana

Toronto

1 million Cnd$200 mn.


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CARICOMCARICOM Prospects for Caribbean Creative IndustriesThe value of the international music market in2002 was US$40 billion; even 1% for CARICOMwould be US$400 million in revenue

The estimated size of the international market

for reggae is US$60-75 million (Witter, 2002)

Shaggys MCA 2000 Hot Shotsalbum sold inexcess of 10 million copies (@ $14.00 =US$140M; $14M for Shaggy and other domestic

creative contributors )

Other significant successes in Kevin Lyttle,Rihanna, Rupee


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CARICOMCARICOM

Top Selling Caribbean Artistsin the US Market

Source: RIAA.com

* The RIAA's certification levels are based on unit shipments (minus returns) from manufacturers to a wide range of

accounts, including non-retail record clubs, mail order houses, specialty stores, units shipped for Internet fulfilment or

direct marketing sales, such as TV-advertised albums.


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CARICOMCARICOMNew Focus on Cultural Industries:International ContextMore attention to culture and trade inlight of trade negotiations in WTO and

with the EUShift in development thinking onculture in last 10 years

Culture and sustainable development,cultural diversity and identity contributeto international peace and security

Tremendous economic value of culture


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CARICOMCARICOM UNESCO Convention (Oct 2005)UNESCO Convention on the Promotion andProtection of the Diversity of CulturalExpressions

Cultural diversity as necessary for humanrace as bio-diversity in natural realm

Diversity a global public good that deservesprotection & promotion

Right of all persons to create, disseminateand benefit from culture

Dual nature of cultural goods and servicesspecial treatment in trade


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CARICOMCARICOM Other International Fora

UNCTAD XI & XII high level panel onCulture; Creative Economy Report (2008)

Culture included as a priority area for SmallIsland Developing States in the MauritiusStrategy for Implementation (2005)

EU Colloquium Culture and Creativity as

Vectors for Development (March 2009)


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CARICOMCARICOM Regional ContextAdvocacy by artistic community, academicsand administrators

Regional Cultural Committee (20 years)

Erosion of preferential trading arrangements;decline in traditional industries

Many success stories from the Caribbean ininternational markets

Comparative advantage in CI

Indigenous, sustainable & renewableindustries


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CARICOMCARICOM Regional ContextNational and regional studies andprojects

7th EDF Regional Culture Project, 1998-2002 (1.8 M Euros)

UNDP, Caribbean Export, IDB, UNESCO,EU funded studies and projects

CRNM commissioned Study, funded

by EU Proinvest Facility - CulturalIndustries in CARICOM: Trade andDevelopment Challenges (2006)


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CARICOMCARICOMRegional Task Force onCultural Industries

Task Force established in October 2008 (20members from govt, industry and regionalorganizations)

Funded by EU Hub and Spokes Regional

Trade Project and UNESCOPrepare a Regional Development

Strategy and Action Plan

Make recommendations for anappropriate incentives regime and financingmechanism for the cultural industries,


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CARICOMCARICOM Regional Task Force MandatePrepare a Regional DevelopmentStrategy and Action Plan

Make recommendations for anappropriate incentives regime andfinancing mechanism for the culturalindustries, including an approach to

providing relief from tariffs and otherduties and charges on products that areinputs to cultural industries


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CARICOMCARICOM Regional Task Force Mandate

TF to complete report by August 2010

Conduct consultations

Report to Ministerial Councils ofCARICOM and Heads of Government


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CARICOMCARICOMNational and Regional Initiatives in IPManagementRatification of international treatiesCopyright Laws

Article 66 or Revised Treaty ofChaguaramas

Collective Management Organizations

Caribbean Copyright Link

Importance of Intellectual Property Rights


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CARICOMCARICOMRatification of International Treaties onIntellectual Property

Berne Convention for the Protection ofLiterary and Artistic Works(1886)

In force in all Member States

Rome Convention for the Protection of

Performers, Producers of Phonograms andBoradcasting Organizations (1961)

In force in Barbados, Dominica, Jamaica andSt. Lucia

The Madrid Agreement (1891) and MadridProtocol (1989) concerning the InternationalRegistration of Trademarks

In force in Cuba (both) and Antigua (Protocol)


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CARICOMCARICOM Copyright Legislation in CARICOM

Comprehensive Amended Legislationin: Antigua and Barbuda (2003); TheBahamas (2004); Barbados (1998);Belize (2000); Jamaica (1993); St.

Lucia (2005); Trinidad and Tobago(1997)

Some Amendments: Haiti (2005); St.

Vincent and Grenadines (1989);Suriname (1981)

Out dated legislation in: Dominica(1919), Grenada (1919), Guyana

(1966) St. Kitts and Nevis (1919)


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CARICOMCARICOM Article 66 of Revised Treaty ofChaguaramas

The protection of Intellectual Property (IP) The promotion of IP Rights within the

Community The strengthening of regimes for the

protection of IPRs and the simplification ofregistration procedures in Member States

The establishment of a regionaladministration for IPRs except copyright

Measures to prevent the abuse of IPRs Participation of MS in international regimes

for the protection of IPRs


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CARICOMCARICOMIndigenous Collective Management

Organizations in CARICOM

For Music and Related Rights:Copyright Organization of Trinidad andTobago (COTT), 1984

Jamaica Association of Composers,Authors, and Publishers Ltd. (JACAP), 1998

Copyright Society of Composers Authorsand Publishers Inc. (COSCAP), Barbados,

2000Eastern Caribbean Copyright Organisationsfor Music Rights Inc. (ECCO), St. Lucia,2009; replaced Hewanorra Music Society

(2001)


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CARICOMCARICOMIndigenous Collective Management

Organizations in CARICOM

Stichting Auteursrechten Suriname (SASUR)

Belizean Society of Composers, Authors andPublishers (BSCAP)

Jamaica Music Society (JAMMS) publicperformance and broadcast rights

Jamaica Copyright Licensing Agency(JAMCOPY) Reproduction Rights

Barbados Copyright Agency (BCOPY) -RRO


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CARICOMCARICOM Public IP InstitutionsJamaica Intellectual Property Office

Trinidad and Tobago Intellectual PropertyOffice

Barbados Corporate Affairs and IntellectualProperty Office


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CARICOMCARICOM Caribbean Copyright Link

Regional umbrella organisation to providedata mgt services to national CMOs andrepresent/promote/defend their interests

regional and international mattersEstablished in 2000 with assistance fromWIPO, requested by IP Ministers

Founding Members: JACAP, COTT,

COSCAP, ECCOOther Members: ACDAM (Cuba), SASUR,BSCAP, JAMMS, JAMCOPY


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CARICOMCARICOM Caribbean Copyright LinkNon profit company incorporated in Trinidadand Tobago

Office in Trinidad funded by subscriptionsfrom CCL societies

Combine small catalogues, share commoncosts, increase efficiency, strongernegotiating position, increase remunerationto CCL members

CCL Members represent approx 5,300writers, performers, prducers and publishersof music

Royalty collections increased from US$1.2M

In 1999; $2.3M in 2004; $4M in 2008


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CARICOMCARICOM The Importance of IPRsInnovation and creativity are fundamental todevelopment and present in all cultures

The debate about IPRs is how best toformulate, apply and enforce the laws

protecting these rights for the benefit ofmankind, with an equitable balance betweenright holders and users of the IP-protectedproducts and services in ways that do notstymie innovation and creativity

IP is now widely perceived as an importanteconomic asset, the value of which should be

enhanced by proactive and strategic policies


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CARICOMCARICOM The Importance of IPRsAn effective IP system is indispensable totechnological and cultural development whichis in turn indispensable to economic growthand social welfare

Progress of Caribbean societies rest on itscapacity for new creations in areas oftechnology and culture

Promotion and protection of creations lead tofurther creativity, economic growth, creation ofnew jobs and industries and enhances thequality and enjoyment of life for the Regions

people


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CARICOMCARICOM The CARIFORUM-EC EPANegotiations concluded December 16, 2007;signed by 14 CARIFORUM States Oct 15

2008

Ended the trade regime of preferential market

access of CARIFORUM countries to Europe(Lome and Cotonou)

EPA commits CARIFORUM to open their

markets to European exportsEPA Implementation Unit established in March2009 at the CARICOM/ CARIFORUMSecretariat, Guyana


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CARICOMCARICOM Objectives of the EPATo promote regional integration, developmentand sustainable economic growth

To promote the smooth and gradual integration

of ACP economies into the World Economy

To enhance supply capacity, competitivenessand economic growth in CARIFORUM

To ensure full conformity with the WTOprovisions


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CARICOMCARICOM Culture and the EPACARIFORUM suppliers of cultural servicesgranted market access in 27 European states

for entertainment services (some limitationsby Germany and Austria)

Governed by the rules of the Services andInvestment chapter and the general provisionsof the EPA

Must be a registered entity and have acontract to supply the service

Temporary stay for a cumulative period of upto 6 months or the duration of the contract


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CARICOMCARICOM Trade in Services -Four Modes of SupplyMode of Supply Description Caribbean

exports

Cross-border

supply (I)

Sound engineering or fashiondesign services supplied viaInternet.

Low

Consumption

abroad (II)

Activities like cultural, festival,heritage tourism.

High

Commercial presence(III)

Establishment of a branch,subsidiary to provide services.

Low

Movement of naturalpersons (IV)

Travel abroad by artist orband to provide services, e.g.tour.

High

There are no data on creative services exports outside of

festival and heritage tourism earnings.


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CARICOMCARICOM Protocol III on Cultural CooperationA special Protocol on Cultural Cooperation isa part of the EPA

Provisions for non-commercial activities

Builds on the principles of the UNESCOConvention

Aims to promote cultural diversity, heritage,cooperation and the development of cultural

industriesAims to redress the structural imbalances andasymmetrical patterns which may exist in suchexchanges


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CARICOMCARICOM Protocol III on Cultural CooperationArticles with provisions for :

Cultural exchanges and dialogue

Technical Assistance

Performing ArtsPublications

Protection of sites and historic

monumentsTemporary movement of artists

Audiovisual productions (film, TV etc)


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CARICOMCARICOM Protocol III on Cultural CooperationArtists engaged in visual and performingarts, festival managers, mas performersand designers (carnival)

Temporary stay for up to 90 days in oneyear

For training, exchange of expertise,technology transfer, trade fairs,seminars, co-publishing, policydevelopment, legislation

Promotes public-private partnerships


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CARICOMCARICOM Audio Visual CooperationEncourages the signing of co-productionagreements between EU and CARIFORUMstates

Co-produced works qualify as European works

in the EU and as CARIFORUM works wherepreferential schemes for the promotion of localand regional content exist

Subject to ownership and nationalityrequirements and 80/20 ratio in financing bythe Parties


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CARICOMCARICOM Audio Visual CooperationJamaica earned US$858M from locationfilming in 2003

Dominica earned US$18M from the filming of

Disneys Pirates of the Caribbean DeadMans Chest over 6 months in 2005


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CARICOMCARICOM Issues to be addressedGreat disparity in development betweenculture sectors between the Parties

Financing to support the development of

CARIFORUM culture sectorStrengthening the enabling environmentin policy, legislation, intellectual property,incentives, trade & export facilitation

Visa regimes pose an obstacle

Market access subject to qualification

requirements and economic needs tests


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CARICOMCARICOM Issues to be addressedPrivate sector and cultural creators,industry professionals to be enabledto play a stronger role in the

implementation of the EPAthe need to assist the cultural sectorin the CARIFORUM region to build

capacity, increase competitivenessand enhance its export potential.


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CARICOMCARICOM Other challengesInadequate policy framework and noincentives regime

Inadequate legislation and

enforcement of intellectual propertylaws (piracy)

Inadequate data economic value

largely undocumentedNot seriously regarded as aneconomic sector


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CARICOMCARICOM Other challengesInadequate business supportservices

Difficulties in obtaining financing from

traditional banking sector

Underdeveloped infrastructurevenues, training institutions etc.

Weak marketing and distributionchannels

Key stakeholders need stronger

industr associations


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CARICOMCARICOM EPA Possible BenefitsGreater market access in Europe forCARIFORUM cultural goods and services

Creative sector galvanized: new alliances,

regional industry associations, links withorganizations in the Caribbean diaspora inEurope

Platform for cooperation, advocacy, and

professional development

The IP Empowered Society


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CARICOMCARICOMThe IP-Empowered Society

(WIPO)

Is one in which there is:

Political will that recognizes the value of IP and theIP system

An IP legislative framework for copyright, patents,

trademarks, geographical indications, industrialdesigns etc.

Vital instititions such as Intellectual PropertyOffices , Cultural & Research institutions; and otherregulatory agencies such as those dealing with

taxation, consumer affairs, collective management,industry associations are established and orsupported

The IP-Empowered Society


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CARICOMCARICOMThe IP-Empowered Society

(WIPO)

A culture in which IP is valued and respected,used as a tool for economic growth, and inwhich the private sector recognizes the

value of IP in their business endeavours anventures and

Research and Development in science and

technology and cultural institutions arevalued and adequately funded.


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CARICOMCARICOM Paradigm Shift on CultureCulture is our Businessintersectoral approach education,tourism, ICT, finance, trade

Viable and diverse sectors

Spending on culture is not anexpense, it is an investment

Dr. Enrique Iglesias, Former President of theInter- American Development Bank

THANK YOU


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CARICOMCARICOM THANK YOU

The National Dance Theatre Company of Jamaica at

intellectual property rights cultural industries caricom brown

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