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| EUROPE, MIDDLE EAST & AFRICA (EMEA) For reasons of history and culture, copyright systems differ in approach across the EMEA region. However, thanks to international treaties beginning with the Berne Convention in 1886 up to the Internet Treaties of the World Intellectual Property Organization in 1996, the rights of creative artists are recognized in almost all jurisdictions and civil and criminal remedies provided to protect their intellectual property. Under these international rules, copyright in foreign works can be enforced in US courts and US copyrights are similarly protected in the courts of foreign nations. Where necessary, the MPA works with foreign governments to help them bring their laws and enforcement practices up to modern standards of protection. The European Community (“EC”) has been an important force for the harmonization of copyright laws across the European continent. In a series of Directives, culminating with the 2001 Directive “on Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society”, European legislators provided strong rights for content creators in the Internet age. The Directive included important protection for technological measures used to protect creative works from piracy. These rules require respect for such systems as the Content Scramble System used to protect DVDs containing movies and television programs. With its 2004 Directive “on the Enforcement of Intellectual Property Rights”, the EC has provided minimum standards for civil enforcement of copyright. EC Member States are required to allow right holders to obtain, where appropriate, important judicial remedies, such as the disclosure of information from intermediaries and injunctions to prevent third parties from facilitating infringement. Many markets in the EMEA region are severely affected by piracy. Sometimes this is because the law is inadequate, but more often it has to do with enforcement practices and the degree of commitment shown by governments to the protection of intellectual property. The MPA provides training and advice in many countries to help them comply with their obligations under the 1994 World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPs Agreement”). This requires signatories to provide expeditious and deterrent remedies against the infringement of intellectual property rights, including copyright and trademarks. |
LATIN AMERICA Audiovisual piracy continues to increase in the region, reaching levels of up to 35% in major markets like Brazil and Mexico and even higher levels elsewhere. While intellectual property legislation exists in most countries, it is enforced unevenly. Less than one percent of all arrests result in conviction, and fewer still in sentencing. Culturally, piracy has been tolerated due to the perception that it provides cultural access to normally excluded portions of society and creates employment for those with the fewest opportunities in the legitimate labor market. The priority issues of concern to MPA and its member companies are (1) optical disk piracy, (2) internet sales, (3) retail piracy, and, particularly in the case of Brazil, (4) inadequate border measures to halt imports of infringing digital product. In Mexico, street markets are the principal venue for pirate sales. In 2005, MPA found more than 1,877 pirate points of sale in 85 large, permanent markets, with an available stock nearing one million units. In addition, there are an estimated 1,500 smaller, less permanent street markets not surveys by MPA that carry pirate audio-visual product. Pirate points of sale easily outnumber legitimate DVD sell-through points of sale and total theatrical screens. Broadband access in Latin America is well under U.S. levels, but as penetration levels increase, online piracy will inevitably rise with it. The government of Brazil has, in the past year, made significant strides to addressing intellectual property enforcement, and the U.S. government recently determined to close its review of Brazil’s copyright enforcement practices under the Generalized System of Preferences (GSP) trade program. The U.S. Administration’s decision, as issued by the Office of the U.S. Trade Representative, was based largely on progress made by Brazilian authorities as a result of the work of its National Anti-Piracy Council, which has encouraged cooperation between the federal, state and local governments as well as among the various enforcement entities. In Mexico, MPA has developed an excellent working relationship with the Office of the Attorney General, which maintains a cadre of intellectual piracy enforcement agents, carries out investigations and issues arrest warrants. |