There is a trade imbalance in
the cultural and creative industries between developed and
developing countries; with the latter group importing huge
volumes of cultural/creative goods and exporting very
little. Dr JACOB SIMET writes.
The Papua New
Guinea Copyright and Neighboring Rights Act was enacted by
Parliament in July 2000.
Recently a known Papua New Guinean musician complained about
the unauthorized use of his music by a band in Australia.
This is the most recent of what is now becoming a
common-place occurrence in this country.
A few weeks ago the radio stations expressed the strong view
that they did not support the efforts of the Intellectual
Property Office (IPO) to institute regulations under the
Copyright and Neighboring Rights Act, which would mean they
would have to pay royalties for the music they play on their
stations.
They argued that if the regulations were to be implemented,
they would not be able to afford the royalties on the music
they play, most of which was from overseas. At the same time
they specifically said that they did not want to play local
(PNG) music all day. Incidentally; the National Cultural
Commission (NCC) was part of the development of the
regulations.
Last week the editorial in the National lamented the plight
of artist and the arts generally. It also made commentary on
the woes of the National Museum and drew attention to the
need for more support to culture and the arts. The editorial
commentary also made reference in part to the efforts being
made by National Cultural Commission (NCC) in the
development and promotion of culture and creative industry.
Incidentally, the National Cultural Commission is staging
its 3rd Annual National Arts and Crafts Exhibition in Lae,
from 27th to 28th October 2007.
Seven years after the enactment of the Copyright and
Neighboring Rights Act 2000, copyright violations are still
very much common-place. And due to the refusal of "users of
copyright" such as the radio stations to abide by the law;
we continue to import large volumes of music and other
copyrighted material and use for free. In this way we deny
the overseas artists their economic and in some cases moral
rights. In the same breath we are denying our local artists
the same rights.
Recently two persons from the cultural sector in Queensland
came to Port Moresby, as part of the Trade Mission team that
visited here. One was from the Queensland Library Services
and the other was from the Queensland Museum. Admittedly,
this was the first time representatives from the cultural
sector were included in these Trade Talk delegations. A
meeting was convened between these two persons and
representatives from the PNG cultural sector, such as the
Creative Arts discipline at UPNG, the National Library, the
National Museum, the National Cultural Commission and the
Ministry of Culture and Tourism. Not being very clear about
the basis of these two persons inclusion in the Trade Talks
mission, in my opening remarks, I jokingly asked whether we
were here to talk "cultural trade or co-operation?"
The visitors looked startled and puzzled for a few seconds
before one of them responded, saying; "I suppose we could do
a bit of both". To which I responded that I preferred to
talk trade as the trade imbalance between Australia and PNG
in the cultural/creative industries was of the same
magnitude as it was in other areas. I was at this point not
joking any longer as I was now thinking of the global
reality of trade imbalance in the cultural and creative
industries between the developed and developing countries;
with the latter group importing huge volumes of
cultural/creative goods and exporting very little.
According to a recent UNESCO report; "In economic terms the
creative/cultural industries sector is one of the fastest
growing sectors of the world economy. In the years 1974 to
2000 the sector grew in exports from $US 39 billion to $US
59 billion. Best estimates value the sector at 7 percent of
the world's gross domestic product and forecasts are put at
10 percent growth".
However, much of the growth being experienced in the world
is happening in developed countries. "In most developed
market economies the cultural and copyright industries
account for 2 - 5% of GDP and have generated consistent and
stable growth above world average in the last decade, as
exemplified in a rising share of employment and exports.
Global estimates forecast that the creative industries will
grow by 33 percent in the next four years".
Apart from a few large developing countries such as China,
India and Mexico, developing and least developed countries
do not seem to experience this growth and expansion and if
they do, it is very minimal compared to that of the
developed world. Very little of the films, books,
video-games, music and other cultural/creative items
available in the world today are produced in the developing
and least developed countries. Perhaps one or two countries
such as India are able to make a mark against Hollywood film
production. In the same way, some Caribbean countries can
boast to have made some impact on music production on the
global arena with their musical greats such as Bob Marley,
Peter Tosh, Harry Belafonte, and Shaggy. However these are
very minor impacts when seen globally and even for these
individual Caribbean states themselves, when imports are
weighed against exports.
According to a study done in the Caribbean group of
countries, it is difficult for developing and least
developed countries to break into the cultural/creative
industries markets, which are saturated by products from
developed countries. The report says there are fundamental
problems in the development and management of cultural and
creative industries in the region and which is the same for
most developing countries. Of course on the top of the list
is the lack of government recognition of the economic value
and potential of the cultural/creative industries sector and
provision of appropriate support. In addition the report
identifies the lack of adequate "intellectual property
protection and commercialization" as major problems for
developing countries. It says; "The creative industries
cannot survive in the marketplace without adequate
protection from copyright infringement. Without such
protection cultural entrepreneurs would be at the mercy of
piracy, bootlegging, counterfeiting and other forms
infringement such as unlicensed broadcasting". A number of
issues are identified in the report as challenges that are
associated with small and peripheral economies.
Interestingly, amongst these is the recognition that; "There
also tends to be an historical, institutional and commercial
bias against indigenous content in the home market that
marginalizes and limits local entrepreneurship, investment
and market development". Considering the position taken by
the radio industry in PNG, referred to above, we could
almost say this study was conducted in this country!
So while we in the developing and least developed countries
procrastinate about the implementation of laws to benefit
our right-holders; the right-holders in developed countries
continue to benefit from their steady growing exports to us.
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PNG made...
Cultural property in display in a craft market in Port
Moresby.
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