According to the Associated Press, The Bahamas is listed among 11 countries that “are subject to special monitoring and consultations aimed at making sure the foreign government acts to address the copyright piracy issues that have been uncovered.”
The Ministry of Financial Services, which initially addressed the watch list placement, promised it would send this reporter a statement, but it was never received. However, Minister Allyson Maynard-Gibson said she was familiar with the issue.
Failure to enact legislation
In May, the United States Trade Representative placed The Bahamas on a priority watch list when it failed to enact legislation to correct what it termed “deficiencies in its copyright law.” The agreement was signed in 2000. Regardless, the country is blamed for costing American-based companies millions of dollars in loss revenue.
And, with The Bahamas vying for membership in the World Trade Organization (WTO), if it does not enact legislation, it could face an international trade embargo.
Though it is unknown whether the WTO and the Free Trade Agreement of the Americas (FTAA) would have similar clauses regarding property rights, the FTAA second draft agreement mandates that “each party shall provide in its territory to the nationals of the other parties adequate and effective protection and enforcement on intellectual property rights. Each party shall ensure that measures to protect and enforce those rights do not themselves become barriers to legitimate trade.”
Withdrawal of benefits
In the International Intellectual Property Alliance 2003 Special 301 Report, the U.S government was advised “to withdraw trade benefits that The Bahamas receives under the Caribbean Basin Economic Recovery Act and to remove the country eligibility under the U.S. οΎ– Caribbean Trade Partnership Act.
The Copyright Act was established 1998 and according to the report, included “an over-broad compulsory license that violated numerous international copyright standards and established an unacceptable precedent. Furthermore, the regulations fail to provide adequate and effective remuneration to rights-holders.
The Government of The Bahamas also failed to consult with affected U.S. rights-holders regarding the issue of equitable remuneration for the compulsory licensing free over-the-air broadcasts. Therefore, The Bahamas is in breach of a trade agreement with the United States.”
As a result, the report suggested that The Bahamas be forced into implementing the bilateral agreement it made with the U.S. and amend its copyright legislation “to reflect the modern obligations in both treaties.”
Royalties Tribunal
A Copyright Royalties Tribunal was formed under the Copyright Act to govern and collect royalties on behalf of the rightful owners. The royalties are then forwarded to the rightful owners by the tribunal or by the government.
Bahamas Guild of Artists president and advocate of amendments to the Copyright Act Fred Munnings Jr. noted this as “a very serious matter.”
“The problem is the Government of The Bahamas is not to determined what the rate of royalties should be paid to me for the use of my work,” he said, explaining that in the United States has outlined the rate or “formula” by which royalties should be paid, but this is not happening.
By Khashan Poitier, The Nassau Guardian
