Let's be honest, it is difficult to spend $5 to rent a DVD for a day when you can own it for $1. Every year, hundreds of thousands of Fijians chose the $1 option. A FAVIA press release (with no supporting evidence whatsoever) claims that, "Fiji's piracy rate is about 98%." These numbers were rolling around in my head as I read a recent article by Nate Anderson on ars technica about a country that has chosen a very different path from Fiji when it comes to copyright.
Tehranian's paper points out just how pervasive copyright has become in our lives. Simply checking one's e-mail and including the full text in response could be a violation of copyright. So could a tattoo on Tehranian's shoulder of Captain Caveman—and potential damages escalate when Tehranian takes off his shirt at the university pool and engages in public performance of an unauthorized copyrighted work.
Singing "Happy Birthday" [and Happy Long-Life -cht] at a restaurant (unauthorized public performance) and capturing the event on a video camera (unauthorized reproduction) could increase his liability, and that's to say nothing of the copyrighted artwork hanging on the wall behind the dinner table (also captured without authorization by the camera). Tehranian calculates his yearly liability at $4.5 billion...
What better way could there be to create a nation of constant lawbreakers than to instill in that nation a contempt for its own laws? And what better way to instill contempt than to hand out rights so broad that most Americans simply find them absurd?
[Overly-broad copyright law has made USA a "nation of infringers", ars technica, Novemebr 19, 2007]
The USA has created a nation of constant lawbreakers by handing out absurd rights to copyright holders combined with millions of dollars of public money spent on enforcement. Fiji has created a nation of lawbreakers through a complete failure to enforce almost any rights of copyright holders.
Having unenforced laws in place for the sake of meeting Fiji's
WIPO commitments (is there another reason?) may be doing more harm than good. In a nation who's elite has consistently had difficulty with the rule of law for the past twenty years, breach of copyright has become every man and woman's opportunity to join in the tradition of trampling on one of the nation's fundamental institutions. Is this really what we want for our beloved Fiji? Is this really what we want to teach our children?
My advice to the country: Either repeal the
1999 Copyright Act or figure out a way to enforce it.
Photo by: Dr John2005Blogged with Flock