18/11/2010
A movie store is a rare sight in Latin America. They do exist, but there’s always an element of surprise when you see them. The explanation is pretty simple: why rent a DVD from Blockbuster when you can pay the guy around the corner less and never have to worry about returning it?
In the “developed world” some combination of guilt and the dissuasive power of intellectual property laws actually being enforced oblige the person selling pirated DVDs and the person purchasing them to operate clandestinely—when they operate at all. That’s not to say we don’t go about it other ways—illegally downloading movies and music; of course we do. We just try not to celebrate it. And furthermore, those who do are somewhat counterbalanced by those who use iTunes and those who are actually influenced in movie theaters by the anti-piracy advertisements we now expect to see before our movies.
So, why such different attitudes when it comes to intellectual property?
When I lived in Peru, I personally adjusted pretty quickly. Within days I was following the hordes who felt no compunction whatsoever when buying a DVD outside a theater where that same movie was playing. I contributed to the underground economy without flinching. But when I returned to Canada, I never sought out pirated DVDs or even downloaded movies illegally. Maybe I was lazy? Maybe there’s just something I’ve always liked about browsing the shelves. But now I’m back—in Colombia this time, and I’ve adjusted again.
That said, just when I started to think my respect for intellectual property was tenuous at best, I saw something that assured me there was only so far it could fall: Mario Bross restaurant in Cali, Colombia.
Yeah, I know. You’re probably thinking I made a mistake and added another “S”.
I didn’t.
That’s actually what the place is called. It’s a chain, I’m told. And in case there’s any ambiguity about the origin of the name, because I guess the owner’s name could’ve been Mario Bross, or something like that—the sign has everyone’s favorite Italian-American plumber carrying a massive burger on a tray that struggles to contain it.
Correct me if I’m wrong—I don’t remember that in the video game.
Shortly after my Mario Bross encounter, I had a beer at a place called Olafo’s, which shamelessly uses Hägar the Horrible to sell its food. Reading the newspaper later that day—ok— the comics, I realized Olafo is how Hägar the Horrible is translated, making the misappropriation even more blatant. Because I can’t find any proof that Dik Browne and his estate or Shigeru Miyamoto and the people at Nintendo approved their creations being used to sell mediocre fast food in South America. Realistically they’re probably not even aware, just as I’m fairly certain Christina Aguilera doesn’t know her face is being used to lure Peruvian women to various peluquerias, or hair stylists.
Who knows? Maybe none of them would care if they did know. It’s not as if these places are raking it in; and everyone’s aware Latin American systems of justice have more pressing concerns than the punishing trademark counterfeiters.
That said, at least in the Colombian context—it is part of their law.
As a member of the WTO, Colombia is required to abide by the TRIPS (Trade-Related Aspects of International Property Rights) Agreement, which “requires members to comply with certain minimum standards for the protection of intellectual property rights covered in it.”
Ok, so we might say it’s something like the Kyoto Protocol—ratifying it and signing it doesn’t mean you actually have to enforce it. Just try your best and everyone’s satisfied.
But I was curious—what exactly are they supposed to be enforcing? From a 2001 WTO Legislation review, in response to a question from the United States, Colombia gave this answer:
“The penalties for infringement of copyright are laid down in Law No. 44 of 1993 as follows:
Article 51. – The following shall be liable to imprisonment for two to five years and a fine of five to 20 times the legal minimum monthly wage…
4. Any person who reproduces phonograms, videograms, software or cinematographic works without the express prior authorization of the owner, or transports, stores, stocks, distributes, imports, sells, offers for sale, acquires for sale or distribution or in any way deals in such reproductions.”
And…
“Law No. 599 of 2000…defines the following offences related to infringement of industrial property rights:
Article 306 states that "Any person who fraudulently uses a trade name, sign, trademark, patent, utility model or industrial design that is legally protected or likely to be confused with one that is legally protected shall be liable to a term of imprisonment of two (2) to four (4) years and a fine of twenty (20) to two thousand (2,000) minimum prevailing legal monthly wages", and the same penalty applies to any person who finances, supplies, distributes, puts on sale, markets, transports or acquires goods produced or distributed in the circumstances described above for commercial or brokerage purposes.”
Two to five years for the guy who sold me a DVD on the corner? Two to four for the owners of Mario Bross and Olafo’s?
Right.
You’re more likely to find the police buying DVDs beside me before they eat average burgers at Olaf’s or Mario Bross than you are to see them applying laws the “developed” world knows aren’t worth the paper on which their written.
As I said before, they've got other things to do.
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