The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

The Government’s bid to create a dedicated intellectual property (IP) office was yesterday hailed by musicians as a “great” advance in helping to safeguard their creative works against piracy and theft.

Fred Ferguson, former founding member of the Grammy Award-winning group, Baha Men, told Tribune Business that while he supported the creation of such an office, combined with strengthened IP legislation and a more robust enforcement regime, more is needed to realise the potential of Bahamian creative industries.

“We always get put on the back burner,” he said. “We get used for rallies and we get used for parties, and we get used in the discussions, but when every administration changes we go back to zero. So we have not had one that has set any plan in place for the arts past the five-year term.”

The Bahamas already has mechanisms to register intellectual property rights, so that the work of innovators and artists is protected, but Mr Ferguson argued that such rights - and their enforcement - so that Bahamian artists are duly compensated for use of their works has never been enforced.

“We have the PRS (Performing Right Society). I’m a member of PRS, so I don’t know what they are going to do differently. PRS has always been here,” Mr Ferguson said.

“But people have not been living up to the rules, so what is registering my work with this new office going to [do to] cause the people at Fish Fry to pay my royalties, or the people who set up on R.M Bailey park on Saturdays to pay my royalties, or Atlantis or Sandals to pay my royalties?”

Pointing out that IP protection goes beyond just establishing an office, Mr Ferguson said the respect for a creative person’s work is what is required. Despite receiving more airplay locally, Bahamian artists such as Mr Ferguson typically enjoy higher earnings when their music is played internationally.

Bodine Johnson, singer-songwriter, said: “I’m speaking for myself as a singer, writer and on-screen talent for over 20 years. A large number of our creatives have not taken advantage of locally offered copyright protections in the past because they honestly did not know how.

“The Intellectual Property law as it currently exists is not written in laymen’s terms and, in many cases, is not enforced. Those of us who have had the opportunity to work with large companies, or have had our works registered internationally, have benefited and tried to direct our colleagues where we can.

“But without the timely dissemination of information, or the ability to ask questions that could be answered in a timely manner by specialists (without paying legal fees), many people have not even tried.

Ms Johnson added: “I am elated that Mr Pinder has announced that a public consultation website will be launched to publish new legislation in the Intellectual Property Reform Project. As a creative in many aspects, registration for my work has typically been done through international IP channels and publishing companies and, to some degree, it is insufficient.

“Clearly outlining the proposed legislation, educating the public through these efforts and using a multi-phased approach will allow Orange Economy members to digest and make recommendations. I particularly look forward to the registration of my works locally, which will allow for global protection, preventing me from having to use multiple outlets to protect my work.

“Knowing that a considerable effort is being made to bring us up to speed is appreciated, and I’m looking forward to reading, learning and sharing this information with other creatives in any capacity I am able.”

Ryan Pinder KC, the attorney general, on Monday said a dedicated IP Office will be created as a standalone entity, spun out from its present home in the Registrar General’s Department. Confirming that the Government plans to implement IP legal reforms that will bring The Bahamas into line with international best practice, he added that it also intends to establish a “defined sector policy” for intellectual property.

Describing the present system for intellectual property rights protection as “clunky, slow and inefficient”, and with The Bahamas also lacking membership in the necessary international conventions, he pledged to transform processes from ones that are manual-based via the launch of an online electronic portal.

Mr Pinder said the proposed legal reforms “will allow for an efficient and streamlined process for international and domestic protection of IP assets and creations” in areas such as integrated circuits, false trade descriptions and geographical indications.

“These will be comprehensive reforms that will launch The Bahamas into the forefront of intellectual property protections for our citizens, creating the necessary element for economic empowerment in areas of new creations,” the Attorney General added.

“We will not only pass the legislation, we will also join the necessary international conventions to ensure the protection of the above elements of intellectual property internationally. We will be joining the necessary conventions for international protection of intellectual property in a phased approach, so we can implement the conventions effectively. At the end of the process, we look forward to joining up to 11 new IP international conventions.”

The Government plans to launch a public consultation on the reforms in December, much as it did with the medical marijuana changes. “Our government is determined to ensure that Bahamian creatives extract greater value from global orange economy revenues,” Mr Pinder said, adding that the reforms will also provide a mechanism whereby IP assets can be used as collateral for financing.