Costa Rica Copyright Protection – Government Involvement

The F.B.I will not get involved, but if the Costa Rica government has its was, you can bet some of the anti-piracy organization in the U.S. will

The F.B.I will not get involved, but if the Costa Rica government has its way, you can bet some of the anti-piracy organizations in the U.S. will.

Sometime ago we wrote about how San Jose is cracking down on street vendors. The biggest complains were,  hassling of customers in front of stores, illegal aliens, and the big one, selling of pirated CDs and DVDs and counterfeit products like designer clothes.

For some time now Costa Rica has been under fire for their lack of enforcement of pirated software, movies and music, even if the municipal police and the Fuerza Pública conduct raids every day to confiscate pirated music disks that are sold on the streets. And Costa Rican Internet theft of photos and articles is rampant as it is in just about every country.

However, things have been changing on this in the last few months; Arias administration is setting up some type government ministry to monitor, control and enforce violations of intellectual property, like songs, software’s and applications. That said, it now “appears” the government is now going to start cracking down on intellectual property rights.

Or will they? – only if they can cash in on it!

Currently, Costa Rica has two international treaties on copyright protection as well as the free trade treaty with the United States. However, it is a known fact that that radio and television stations do not necessary pay for playing populate music or showing local commercials that are copyright protected. And beside the street vendors selling pirated Microsoft software, many computer stores do the same.

My last trip down, I was curious about what is sold in stores, so I ventured into one of the largest office supply stores and I was a bit disappointed of what one could buy. Honesty, I thought I could buy more. But then again, I was only there as a innocent gringo, I’m sure I  could have gotten anything if I had pressured the salesperson on getting Windows 7.

Unfortunately, the concept of ownership of an intangible right has cause conflict with many radio and television stations do not want to play for the rights to play popular music and use it in commercials.

So Arias “quietly adjusted” the country’s treaty obligations so they could do this, which got harsh responds from organizations that represent foreign music and videotape interests like, Music Authors’ Copyright Protection (MACP), Motion Picture Association of America (MPAA), and Recording Industry Association of America (RIAA). Not counting Costa Rican artists and members of the Asociacion de Interpretes y Ejecutantes Musicales de Costa Rica, who protested last month at Casa Presidencial when their own music or performances become jeopardize.

Another major problem is the government wants to “cash in on copywrite material;”  another Arias decree published in Oct.  2009 that the government  has the “right to collect fees” from those who play music commercially.  Now think about that!

Costa Rican artists are outraged, believing the rights belong to the respective parties, and not the government!

The “quietly adjustment” bill is working its way through the Asamblea Legislativa that would allow the television and radio stations to play copyrighted material without making payments. As of this writing, the bill is believed to have reached the floor.

The Arias administration claims, changes in the treaty and the proposed legislation is to enhance the cultural atmosphere by allowing the free playing of music.

Many of us remember the huge lawsuit with Napster and a series of infringement suits brought by the RIAA. This may open the floodgates to an international class action suit against the government from MACP, MPAA and RIAA.

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