ABUTALIB SAMADOV: MOST OF AUDIO & VIDEO PRODUCTS, BOOKS AND SOFTWARE IN SALE ARE PIRATED
Azeri Press Agency, Azerbaijan
June 14 2007
If the World Intellectual Property Organization (WIPO) does not
take corresponding measures against Armenian’s stealing "Kor erebin
mahnisi", we will take actions provided by international law
Director General of Azerbaijan Copyright Agency Abutalib Samadov’s
interview to the APA
– What activities are being carried out for protection of copyrights?
– Our cooperation with relevant bodies of Interior Ministry,
Antimonopoly Policy Service of Economic Development Ministry,
Culture and Tourism Ministry, Education Ministry, Ombudsman and other
organizations is very useful for our activity. We attach special
importance to the registration of works, improvement of registration
and juridical enlightenment in protection of author’s rights. If the
work is registered copyright are protected in the court. The agency
has given certificates to 4,400 works since 1997. Over 200 works and
10 author’s contracts have been registered since the beginning of
2007 up to now.
– What actions are being taken against piracy?
– Combating piracy is not only in the competence of the agency. It
requires complex approach by law-enforcement bodies jointly with
other related bodies. A special monitoring group has been set up
in the agency to monitor audio, video and book markets in order
to prevent violation of copyrights and related rights, strengthen
struggle against piracy. The group monitored wholesale and retail
trade establishments in Baku in February to determine whether
legislation is observed in production, sale and import and audio and
video products. The monitoring found that over 70-80% of audio-video
products are pirated. The outcomes of the monitoring were sent to the
Prosecutor’s Office. Criminal case has been launched on the fact in
Baku Prosecutor’s Office, investigation is under way. Book market was
also monitored. Over 70% of the books are pirated. Translation works,
textbooks are mainly piratical. The outcomes of the monitoring
will also be sent to law-enforcement bodies. 90% of software
are piratical. There is a need to strengthen the struggle against
computer piracy. The agency gave some proposals to the Cabinet. The
proposals are being considered and the government is expected to pass
a corresponding decision. It is to be taken into consideration that
is the copyright is breached it means the breach of tax, antimonopoly
policy and unfair rival. Everyone should fight against piracy. We
are looking for new prompt and effective ways of cooperation with the
Taxes, Education , Culture and Tourism, Communication and Information
Technology Ministries, State Customs Committee, Supreme Attestation
Commission, Antimonopoly Service of Economic Development Ministry,
creative organizations and relevant agencies on fighting piracy.
Moreover, it would be expedient to establish State Committee on
fighting antimonopoly from the members and experts of relevant agencies
to enhance the effectiveness on fighting piracy.
– How do you appreciate the current state of control over fighting
piracy in recording studios and publishing houses?
– It is impossible to fight piracy with effective legislation acts in
any part of the world as well as in Azerbaijan. This work should have
prompt fighting mechanisms, skilled experts and of course, resistance
inside society. The number of pirated products outnumbers legal
products in the market. One of the prevention measures is controlling
recording studios and licensing them. It is to be enlightened by
media. The establishment of regional units could enhance activity of
fighting piracy.
– Does the legislation presuppose responsibility for breach of
copyright?
– According to the current legislation breach of copyright and linking
rights create civil, administrative and criminal responsibility.
There is deep contrast between damages of suffered party and
responsibility for breach of copyright in Administrative Reprimand and
Criminal Code. According to Article 50 of Administrative Reprimands
Code, the breach of intellectual property rights presuppose penal
(between 16.6 and 44 AZN) if the suffered party received damage
in 1100 AZN. Is it fair?. The same punishment is applicable when
the piracy is carried out by organized group. This condition also
presuppose penalty in 500 or 1000 times or 3-year-sentence. Though
Azerbaijan signed all international conventions, there is no prompt
and effective legislation in Azerbaijan in this field. Fore instance,
though Article 162 of Criminal Code presupposes instituting criminal
case for breach of copyright and relevant rights, Article 165.1 makes
it possible only bringing special action against it.
If copyright is violated, criminal case can not been launched at the
initiative of Prosecutor’s Office or the Copyright Agency. The adoption
of the Agency’s proposals regarding amendments in Administrative,
Criminal and Criminal Procedural Codes for strengthening protection
and ensure of world intellectual property rights can improve the
situation in this field. Sometimes court decisions are not fulfilled
which causes serious dissatisfaction.
– What preventive measures are being taken against Armenians’ pirating
Azerbaijani authors’ works?
– Armenians have been stealing and destructing material-cultural
heritage of our nation for a long time. Armenians’ pirating the works
of Azerbaijani authors is not new. Armenians pursuing aggressive
policy, introduce some parts of Uzeyir Hajibayov’s "Arshin mal alan",
"O olmasin bu olsun", "Koroglu" operas, stories and tales such as
"Asli and Karam", "Malikmammad" as Armenian examples. They pirate
our popular songs "Sari galin", "Vagzali", "Yalli", "Uzundara",
"Mirzayi". Armenians not satisfying with it, they do not refrain from
stealing plays of our modern composers. Armenian also tried to pirate
Azerbaijani singer Brilliant Dadashova’s "Vokaliz" music collection.
But the Agency interfered in it and appealed to World Intellectual
Property Organization regarding it. Armenians also wanted to steal
world-known Azerbaijani composer Fikrat Amirov’s famous "Kor arabin
mahnisi" ("Arab’s song"). They spread this song by making clip. We
expressed out satisfaction officially to the World Intellectual
Property Organization. If this international organization does not
take any measures to or satisfaction, we will use all the means of
international law then.