With The Bahamas now on the "priority watch" list of the United States Trade Representatives, Cable Bahamas says it is also waiting on the Bahamas Government to amend copyright laws.
According to Keith Wisdom, Cable Bahamas' public relations manager, the company's practices are consistent with the existing Copyright Act, and Cable Bahamas makes copyright royalty payments to the Copyright Royalty Tribunal to retransmit U.S. television signals.
Mr. Wisdom told the Guardian on Tuesday, that when the government amends the copyright law, the cable company will comply.
Cable Bahamas' concerns stem from a special 301 report by the United States Trade Representative (USTR) expressing its displeasure over The Bahamas' failure to enact legislation to correct deficiencies in copyright laws, particularly its provision of permitting the compulsory licensing of Bahamian cable operators for retransmission of premium cable television programming.
The USTR also views the present law's provisions as inadequate compensation of free-over-the-air broadcasts that violate numerous international copyright standards.
The USTR has urged The Bahamas to enact the necessary amendments to its copyright law and will closely observe The Bahamas in the coming months to review steps being taken.
In the report, the U.S. Government continued to encourage U.S. copyright owners and operators of premium cable services to enter into negotiations with licensed Bahamian cable companies to provide for the legitimate cable transmission of copyrighted works.
The International Intellectual Property Alliance (IIPA) 2003's Special 301 report states that this "broad" compulsory licence is inconsistent with the obligations of the Berne Convention for the protection of literary and artistic works, to which the Bahamas is a signatory.
By adopting a Berne inconsistent compulsory licence, The Bahamas denies U.S. copyright owners adequate and effective protection of their intellectual property rights.
In addition to The Bahamas having been placed on the watch list, the IIPA is recommending that:
* An investigation be initiated to withdraw trade benefits under the CBERA (Caribbean Basin Economic Recovery Act) and CBI Caribbean Basin Initiative), and remove its eligibility under the CBTPA (Caribbean Basin Trade Partnerships Act);
* The Bahamas immediately implement the bilateral agreements it made with the US in 2000;
* The Bahamas ratify the two WIPO treaties and amend its copyright legislation to reflect the modern obligations in both treaties.
Addressing the matter, Minister of Financial Services & Investment, Allyson Maynard-Gibson said the Government of The Bahamas is committed to ensuring that Bahamian legislation is in full compliance with the Berne Convention.
She said also that the government will enforce the process of removal from the priority list and fulfil obligations The Bahamas made in its submission to the USTR.
By Lisa Albury, The Nassau Guardian
