*IFIC 20ppv3 - IFPI
*IFIC 20ppv3 - IFPI
*IFIC 20ppv3 - IFPI
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PAGE 11<br />
Piracy by format 2004<br />
Indonesia statistics<br />
Piracy by format 2004<br />
Mexico statistics<br />
Cassette 6%<br />
DVD 4% CD 90%<br />
Legal Market Value<br />
US$ 85m<br />
Cassette 4%<br />
CD-R 96%<br />
Legal Market Value<br />
US$ 360m<br />
Legal Market Units<br />
40m<br />
Legal Market Units<br />
56m<br />
Pirate Market Value<br />
US$ 91m<br />
Pirate Market Value<br />
US$ 111m<br />
Pirate Market Units<br />
159m<br />
Pirate Market Units<br />
76m<br />
INDONESIA<br />
Piracy Level 80%<br />
MEXICO<br />
Piracy Level 60%<br />
Indonesia is a top ten priority<br />
country for the first time. The piracy<br />
rate has steadily increased over<br />
the past few years, and has now<br />
reached 80%.<br />
The country has at least 15 optical<br />
disc plants where regulation is<br />
urgently needed to control the<br />
production and export of pirate<br />
product. There is growing evidence<br />
of Indonesian pirate CDs being<br />
exported to established markets<br />
such as Australia.<br />
The government is aware of the<br />
problem, and a draft of a new<br />
Optical Media Act to regulate disc<br />
plants has been tabled. However<br />
the act is weak throughout and<br />
fails to tackle the issues central to<br />
copyright protection. For example,<br />
it omits the mandatory source identification<br />
– SID – codes on all discs.<br />
Also omitted is the need for plants<br />
to keep production reports for at<br />
least three months. Administrative<br />
penalties are too weak, currently<br />
including only the revoking of the<br />
licence and publication of<br />
infringements.<br />
Controls are also needed over<br />
importation of replication machinery.<br />
The Indonesian government<br />
has recently taken over the provision<br />
of SID codes to plants.<br />
Pirate product is openly and widely<br />
sold in established shopping malls.<br />
There were raids against a number<br />
of pirate retail outlets in 2004, but<br />
enforcement and prosecution<br />
remain an insufficient deterrent.<br />
The notorious pirate retail and<br />
distribution area of Globok market<br />
– closed temporarily by the<br />
Production machinery at illegal disc plant<br />
authorities during the Pan African<br />
Summit meeting in mid April 2005<br />
– was, until then, flourishing.<br />
It is estimated that the market<br />
was distributing three million<br />
pirate discs every day. Such<br />
blatant and large-scale activity<br />
illustrates the lack of commitment<br />
to intellectual property<br />
enforcement.<br />
A more recent phenomenon has<br />
been the emergence of pirate<br />
music DVDs imported from China<br />
and Malaysia. However, the vast<br />
majority of pirate pop titles are<br />
produced locally.<br />
Recommended action:<br />
The government needs to<br />
urgently address the lack of<br />
resources given to fighting piracy,<br />
and apathy throughout the<br />
enforcement and judicial system.<br />
Political will is needed to get local<br />
enforcement authorities to take<br />
sustained and immediate action.<br />
The regulations governing disc<br />
plants need to be further<br />
improved to prevent large<br />
scale pirate disc production<br />
in the country.<br />
The Mexican pirate market is<br />
estimated at 76 million units, with<br />
a distribution network of about<br />
50,000 street and fixed market<br />
vendors. Although piracy levels<br />
have improved slightly – mainly as<br />
a result of stepped-up enforcement<br />
and a better economic climate –<br />
more has to be done in order for<br />
Mexico to regain its position within<br />
the world’s top ten music markets.<br />
The industry’s anti-piracy campaign<br />
has seen measurable results<br />
with seizures slightly up on last<br />
year, of some 8 million recorded<br />
CD-Rs, 27 million blank CD-Rs,<br />
and 9,000 burners in the course<br />
of some 2,000 raids in 2004. The<br />
judicial system returned positive<br />
results with 172 detentions and<br />
26 sentences that involved jail<br />
time or fines.<br />
The legislative climate has also<br />
improved. As part of a reformed<br />
criminal code, piracy has been<br />
classed as an organised crime<br />
activity, which allows for the imposition<br />
of harsher criminal penalties<br />
and provides additional protection<br />
to witnesses.<br />
Mexico also implemented a new<br />
regulation for optical discs, which<br />
should allow more government<br />
agencies to confiscate pirate<br />
product on the streets. Despite<br />
all the progress, the anti-piracy<br />
campaign remains hampered by<br />
the requirement to present a<br />
complaint for every raid that the<br />
authorities carry out.<br />
In 2004, <strong>IFPI</strong> and its Mexican affiliate<br />
Amprofon launched a special<br />
project in Guadalajara, Jalisco,<br />
combining enforcement, lobbying<br />
and marketing in support of a<br />
state programme to convert<br />
pirate vendors into legitimate<br />
points of sale. Two notorious<br />
pirate markets have been raided<br />
regularly, and practically cleaned<br />
up. The four major municipalities<br />
making up metropolitan<br />
Guadalajara have committed to<br />
revoking the licenses of offenders<br />
that continue to sell pirate product.<br />
In addition, the industry is<br />
releasing targeted products<br />
for this market to assist local<br />
distributors in the conversion<br />
programme. This campaign is<br />
proving to have a positive effect.<br />
Despite these efforts, the<br />
high level of piracy in Mexico<br />
continues to severely<br />
undermine music sales.<br />
Recommended action:<br />
■ Dismantle the organised crime<br />
groups involved in importing<br />
blank CD-Rs and burners<br />
supplying the pirate market<br />
■ Exercise stricter control at state<br />
and local level over commercial<br />
permits for street traders, and<br />
revoke the licenses of those<br />
selling pirate product<br />
■ Seek approval of the bill in<br />
Congress that provides for exofficio<br />
actions in cases of piracy<br />
■ Promote educational campaigns<br />
in schools and colleges<br />
to raise awareness of the<br />
detrimental effects piracy has<br />
on creativity, innovation and<br />
society as a whole