Movie Piracy in Ethiopian Cinema:Communications Perspective

Master’s Thesis Defense

Behailu ShiferawJune, 2009

Addis Ababa UniversityFaculty of Journalism and Communication

Selection of Topic

• In the Ethiopian Film Initiative Workshop 23 to 24 June, 2008, Movie piracy was mentioned as major problem

• EAPA, EIPO experts confirmed lack of research in the area and echoed the concern of filmmakers.

• Indian representative had data as to how much is being lost as a result of piracy. But none of the Ethiopian representatives could put figure on it.

Objective

• To review and prepare literature on movie piracy and on the legal system governing copyrights related issues

• To prove whether movie piracy exists in Ethiopia and whether it is a problem at this level

• To assess the process and to identify source of the problem

• To provide filmmakers with data on which they will base their fight against piracy

• To put forward recommendations

Limitations of the study: the scope was limited only to those films primarily

protected by the law:

• Works of authors who are nationals of, or have their principal residence in Ethiopia;

• Works first published in Ethiopia and, works first published abroad and also published in Ethiopia within 30 days, irrespective of the nationality or residence of their authors;

• Audiovisual works, the producer of which has his headquarters or principal residence in Ethiopia even if the problem is affecting movies outside this list as well such as those protected by the law through international agreements to which Ethiopia has signed.

Due to time and financial limitations

Literature review covered among others

• Problems identified in the implementation of the law– Loose legal enforcement, lack of concern among the police, lack of

awareness among the judges/attorney .

• Legal provisions: EIPO and CNRPP• Theory used to analyze and frame the communications

process of stakeholders

Theory by…Hirokawa and Gouran

• Functional Perspective of Group Decision Making Theory: Four functions– Problem analysis – Goal setting (setting criteria by which to measure output)– Setting alternatives (plans a,b,c)– Evaluating +ve and –ve characteristics

However this theory was regarded incomplete…

Theory cont’d…

• Critics Cynthia Stohl and Michael Holmes recommended addition of Historical and Institutional Functions

– Historical Function: which helps address how past decisions were made, hence avoiding replicating the past, but building on it.

– Institutional Function: which helps address the relationship (hierarchy) between members and the role of those who are not at the discussion at that time. This function makes sure that each member has equal say in the decision-making process.

Research Methods– Qualitative for the most part. But quantitative method of data

collection (questionnaire) was used to reach those who did not have the time to talk to researcher. Some data was also presented quantitatively to show the prevalence of a certain conviction or behavior.

– Sampling methods• Typical sampling methods- to sample disadvantaged films for case

study• Non-random sampling method – used for reaching all accessible

filmmakers, to study the fear factor of piracy

– Data collection tool: Interview was used for producers of the films selected to form the case study while most others were reached through questionnaire to make the research empirical as well. Previous researchers were interviewed as well.

FindingsLosses• Losses suffered by individual filmmakers

– Lost their enthusiasm• EFPA indicated that only three of the hundreds of producers ever produced a

movie again– Financial losses ranging 30,000-500,000 ETB. Some have been left homeless.– Some editors/actors/musicians/studios have not been paid after two or more

years of end of production

• Losses suffered by the economy– No tax from pirates– tax evading culture among filmmakers – government (economy ) loses 65%of the amount lost by the filmmakers

Findings cont’d …• Losses suffered by the industry

– Has become a less attractive industry for business people.– Only three of the hundreds of film producers have e ver produced

other films again.– Less budget (used to produce movies in fear of possible loss) resulted

in less quality movies.– Lessening number of movies published in VCD/DVD has jeopardized

the popularization of cinema in the country

Hailay Tadesse, Manager of EAPA said, “101 of the 250 members of EAPA could not stand the

financial and moral disadvantages of piracy and signed out of both the industry and the association. ”

• That resulted in decreasing cash flow into the industry

Findings …

Case studies, they are chosen using typical case sampling method

• The 11th Hour: – Worth 1.2 million ETB for production and lost 500,000 ETB due to piracy.– Was stolen from the duplication facility – Was available in the illegal market four days before the official launch– Did not pursue the legal case because he does not trust the legal system as far

as CNRPP implementation is concerned

• Love and Dance– Sold only 3,000 legal copies and lost not less than 100,000– Does not want to publish his next movie until things get better– Pursued legal case but to no avail [long process]– Similar theft as The 11th Hour

Case studies …• Kezkaza Wolafen and Fikir Siferd

– Worth 542,000 and 600,000 ETB respectively. Loss was not indicated.– Stolen by a worker in the major duplication facility in the country. – Tried to pursue the case but to no avail [fed up by long process]

• Sewuna Amelu – Sold his house to produce the movie. Lost 30,000 ETB leave alone

making profit.– Was advised by the distributors (whom he said are major pirates) not

to duplicate more than 3,000 copies. Has yet to sell 200 copies after two years

– Afraid of the pirates because there was a producer who was stubbed by their gangster groups

Findings continued ….

Public and Street vendors’ attitude/awareness about Movie Piracy

Public on movie piracy• Most people believe it is fine to buy pirated copies• Less understanding of the law• Cheaper price for the same quality(Digital data Vs Analogue data),

availability across the streets and at street-lights• Know that filmmakers themselves violate copyrights since they are in

qualms with musicians whose music is used in movies without musicians consent

Street vendors on movie piracy• Less understanding of disadvantages of piracy• Less understanding of the law• Get more profit from illegal copies because the pirated ones have more

demand than the legal ones

Findings…

Contributing factors for the expansion of the illegal act

• loose legal enforcement• lack of communication and cooperation among stakeholders. Individual

filmmakers could not venture into the duplication/any other business to paralyze the pirates. Together they would have had better financial muscle.

• Absence of strong professional association weakened their voice. Could not lobby for their rights due to lack of communication about their common problem.

• The discussions seem to ignore past experiences or be trapped by failure of the past discussions.

• As Teferi Wossen, founder of EFC and former chairperson of EFPA says “they [current associations] have chosen to disregard the past, yet still duplicating the same problem.”

Conclusion• Movie piracy exists• Movie piracy is a problem that needs stakeholders’ communication

and cooperation of all.• There is lack of awareness among the public about piracy and its

disadvantages• There is lack of communication among filmmakers and other

stakeholders• Filmmakers do not have trust in the legal system as far as CNRPP

implementation is concerned• The law is not being implemented properly. Rather several reasons

are mentioned by the court to justify the expansion of the practice

Conclusion …• One government body’s failure is used as justification for the other

government body not doing its job properly. E.g. The court gives lighter sentences because EIPO has not popularized the proclamation.

• 131 of the 288 cases have been dismissed by the court because police could not catch the suspects. The police neither try to reactivate the previous cases even when the suspects are caught in the same practice afterwards

• Generally, government showed inability to stop the expanding practice of piracy

Recommendation

• Ministry of Culture and Tourism

As a government representative, the ministry should – Convince the government to cut tax on importation of filmmaking

tools such as modern duplication tools to make non-copiable copies– Should remind the police and the court to do their jobs– Establishment/facilitation for establishment/ and providing temporary

office and budget for a national film council/association

Recommendation cont’d

• EIPO– Should popularize the proclamation– Should discharge the responsibilities bestowed up on it by the

establishment proclamation– Should facilitate training and awareness creation workshops for police

and court about nature of intellectual property rights– Should study the issue/compile literature on copyrights and piracy in

Ethiopia, and avail information for researchers. Their information center around National Theatre should be better equipped.

E.g. Should have a virtual database of court cases regarding intellectual property rights violation.

Recommendations cont’d Filmmakers• Should work hand in hand with EIPO in designing and announcing

awareness raising strategies• Should come together, communicate their challenges and work

toward ending the practice• Should use public figures to announce awareness creating

messages. Producing TV and Radio spots with anti-piracy messages featuring renowned persons. [Celebs for Creativity Initiative etc]

Recommendations for filmmakers…

• Should urge duplicators to use better technology to duplicate non-copiable VCD/DVDs

• Pursue the legal cases to the end so that the pirates know they do not go away with their offences

• Should give better profit margin to street vendors so that they would be logically pushed in to selling the legal copies.

• Should cooperate with the police to train and set up their own policing team whose job would be to harass illegal vendors and pirates and facilitate raiding campaigns with state police.

Source: www.copyrightfriendly.wikispaces.com

“The sweat of a man’s brows and the exudations of a man’s brain are as much a man’s own property as the breeches up on his backside.”

Laurence Sterne, Tristram Shandy

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