(Extract of an interview with Burchmore Simon, Georgetown, Guyana, August 2015. Simon is a musician, founder of Kross Kolor Records and Guyana Music Network.)

PP I have a notion that copyright is like emancipation. Emancipation was the release of human resources, the release of creative energies. So the notion is copyright and the enforcement would be the emancipation, the release of human resources, creative energies…Your thoughts on copyright.
BS The creative energy is there already and copyright is here already because once the creator has created something, the work is covered and it affords others the right to get a license to copy. Sadly in Guyana, everybody seems to have the right to copy everything because there is no moral legislation and no enforcement at all. And that tends to stifle the economic benefit to be derived from being a creative person – be it music, art, writing. So that is the dilemma we face in Guyana. There is a lot of creative energy as we can see all around us; but there is not that facility to earn from being creative because of lack of legislation that controls the copying of works.
PP You raised a number of issues. Let’s highlight some and expand on them.
The creative energy is there but the system is not in place to reward, to remunerate the creator, why is this so? There are legislations, outdated perhaps, why are they not being enforced?
Before we answer those questions it would be useful to remind ourselves of some of the legislations we are party to. We are signatory to a number of copyright laws like the 1952 Universal Copyright Convention, the 1956 UK Copyright Act (which was revised, but Guyana is still under the original regulations), the Berne Convention and WIPO.
Now let’s look at enforcement. Is there a fear or a lack of trained persons…
BS I don’t think there is a fear of enforcement because enforcement makes no sense. And I’ll tell you why – if some infringes on your copyright according to the 1956 Act, the maximum fine is $220 Guyana Dollars. So is it worth going to court, getting a lawyer and all of that to be compensated with $220 Guyana Dollars? No, I don’t think so. What I think should be done: people should be made aware what they are doing is illegal and to desist from continuing to do wrong.
PP How do we go about this?
BS That has not been done because the importance of originality in Guyana has fallen by the wayside. And I felt gratified when the first act by the President [His Excellency David Granger] was to resuscitate, to give a new life to the Independence Arch [Brickdam] which shows good intention that there is a nationalist rebirth which would eventually lead to the recognition of all the rights including copyright …
PP Which is one of the things copyright can do – restore pride in country, restore nationalism, patriotism…
BS So with that nationalistic outlook from the outset, it makes me feel that there is hope that modern legislation and a recognition of the creative industry as an industry and not as a vocational interest where people do art and music and literature as a side thing; a creative industry outside of the traditional industries are the most rewarding industries in the world – millions and millions of dollars in a well organized industry…
PP …right here in the Caribbean…..
BS …right in the Caribbean – you could see the emphasis that is been placed on creativity in Barbados; right now there are special organisations, special laws enacted to build on the creative forces of the people.
PP Some of those laws you are familiar with; share them with us…
BS They [Barbados] are now enacting legislation to drive the creative industries – they have modern copyright laws which have given rise to people earning in Barbados more than ever. Certain months of the year the only music that is played is Bajan music because they have found that they were sending back too much foreign currency to North America and Europe so they have decided as the first step that more Bajan music will be played. I think those are some of the steps we can emulate in Guyana, to further our cause of copyright and improving our creative industries and really rewarding the artists and the creators for their work, because that has being lacking over the years. So there is not that impetus, that encouragement, to reinvest in the creative industries even by business people. It has been a struggle which I think should be mended and we could earn from what we do.
PP Great point you raised there, because in North America, say in Canada, I was told that you cannot get a license to operate a radio or television station if you do not air I think it’s about forty percent local, indigenous music/ content. Right off we can see what this means – you will have to look for local artistes and pay them good money to use their works …
BS Not only that – it stimulates growth of an industry because there is now an outlet for content within the local framework which encourages creativity and radio stations and television stations will pay for that content. The creators get their monies, their royalties and that stimulates growth. And I keep telling people unlike other industries, though education is important to become a lawyer and a doctor, in the creative industries, it is your creativity that drives you…it is good to have a PhD in music or in art or in dram, but you don’t need to start from that position. You have seen it – you can come from an extremely poor area with lots of talent and make it. So a creative industry is not built on costing the Government lots of money to start, it has already started – it is a natural growth, it is a natural flow from the people. From the heart and soul and bowels of the nation comes that creativity; so if we encourage that creativity – think about the youths having that outlet immediately to get into various strata of creativity.
PP We must expand on that….

Responses to this author telephone (592) 226-0065 or email: oraltradition2002@yahoo.com

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by Petamber Persaud