The absence of modern copyright legislation presents a challenge for anyone seeking to engage in the creative arts in Guyana.
However, many artistes have chosen to invest their faith in Guyana, and from all indications, there could be light at the end of the tunnel.
During the recent budget debates, Education Minister Dr Rupert Roopnaraine informed the House that the administration will enact modern intellectual property rights legislation, shaped by the input of all stakeholders, within a year.
If this promise is materialised, it would breathe new life into the creative arts industry, effectively bringing to an end the more than a decade-long promise by the former administration to dismantle institutionalised intellectual property piracy.
The rhetoric devoid of any serious action has contributed to the slow death of the cinema industry, hurting many who are into commercial creative production.
Among them is veteran producer and actor Mahadeo Shivraj, who spoke of his plight during an interview with the Guyana Chronicle.
“There were over 50 cinemas across the country. If those cinemas were still in place by the time I take my movie all around the country I would have recuperated my cost in making the film and made a profit and make another movie without going to ask people for sponsorship and stuff like that,” he said.

With the traditional cinemas no longer in operation, Shivraj in a bid to capture a wide audience without incurring much cost has been resorting to screening his films at school auditoriums in the three counties.

But, he said, this kind of screening is associated with the negative perception that the production is of poor quality. As such, it does not attract the attention of certain classes of people, thereby diminishing the pride the film should have been accorded.

Nimble pirates

The veteran producer said when he releases his movies on DVD in New York, in a flash, by the next day, it reaches Guyana.

And for this reason, the audience at his organised screening events is significantly reduced.

“Why pay $1000 to come see the movie individually when I can pay a $100 and my whole family can see it, plus I can copy it and give my friends and they can do the same and share with their friends?”

He said many times persons have approached him saying they are supporting him by buying his movies, but not all of them really actually do, especially those who buy from the cart vendors.

“They think they are supporting me, but they are not supporting me.”

“I have not released “A Jasmine for a Gardener” yet, but it is all over the streets,” he said.

What the pirates have done is use the movie poster as a front for another movie Shivraj acted in called “Truth.”

Shivraj told the Guyana Chronicle that this problem happened in 2013, and in December of the very year, a similar act was committed in another movie he acted in called “Karma.” The movies being sold, he said were not “Karma,” but rather “Brown Sugar too Bitter for Me.”

Wrongfully accused

But, he said, this is only part of the problem.

“I am getting blame for something I am innocent about,” he said, pointing out that he was the once being accused of duping persons with the false posters.

All of Shivraj’s movies looked at real life situations. Till I Find a Place examines infidelity; A Jasmine for a Gardener, a Bollywood-type movie, looked at greed and power; Brown Sugar Too Bitter For Me put the spotlight on moral values, harmony, family and sacrifices; 83 million Gs showed the levels of greed and corruption; and Forgotten Love is a story about love. The veteran producer operates a shoe-string budget with the average cost being US$30,000 per movie.

He told this publication that he had written to then acting Tourism, Industry and Commerce Minister Irfaan Ali requesting a tax exemption for bringing into Guyana original DVDs of his movies, but it was not granted.

The cost of an original DVD including shipping and mark up price would be in the vicinity of $1200 to $1500.

Notwithstanding the challenges he faces as a producer in earning fairly for his labour, Shivraj has not lost faith in Guyana.

New movie

He is currently filming a new movie here (a murder/mystery) called Protection Game, and is hoping that the government sooner rather than later enacts modern copyright legislation to protect the creative industry.

Three-time Soca Road March Champion Melissa “Vanilla” Roberts, Mosa Telford, who has won several literary awards, most recently the 2013 Guyana Prize for Literature in the Drama Category, and John “Slingshot” Drepaul are among the many creative voices who have called for an end to the lip-service to institutionalise intellectual property piracy.

World renowned Guyana-born British musician and creator of the Ringbang genre, Eddy Grant, has chosen to set up his recording company, Ice Records and the Coach House studio in Barbados, rather than his homeland.

The current legislation, the 1956 Copyright Act, which Guyana inherited from Great Britain following its Independence in 1966, has never been revised since.

Though the current Act does provide protection of literary, musical, dramatic and artistic works, the fines are extremely low, ranging mostly from £5  to £50 (G$1750-G$17,500). Given the time and cost to pursue an infringement in court, some artistes view the exercise as a loss rather than a gain.

Today, there is need for the current legislation to be updated, covering a gamut of issues, which inter alia, should include modern patents, Internet laws, private international law, consumer laws and international business law.
By Tajeram Mohabir