Bar Association Head warns of protection for LCDS

   Attorney at Law Teni Housty says it will be a shame if the original work done by Guyana on the Low Carbon Development Strategy ( LCDS ) is not protected and reaches the hands of intellectual property thieves. Guyana has been on the move with the focus on climate change and the environment however, Housty pointed out that, in all instances, rights-holders are responsible for seeking legal redress whether it be under the archaic 1956 Copyright Act or any new and modern legislation that might take into account digitized works. Guyana does not currently have a copyright law and there have been long delays in tabling broadcast legislation. Guyana’s Director of Culture, Professor James Rose last week admitted that the country needed modern copyright legislation or creative minds would move to other jurisdictions where they could seek proper legal remedies. Housty, who is a legal consultant on Intellectual Property in Guyana and the rest of the 15-nation Caribbean Community (Caricom), observed that the LCDS is a literary work produced by Guyanese for Guyana that must be protected. Asked whether Guyana could not invoke copyright laws in other jurisdictions if people or other governments steal all or part of the LCDS, the lawyer explained that the Berne Convention for the Protection of Literary and Artistic Works and the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) would apply. Housty says that generally on the issue of copyright, there has been a shift away from legal solutions which regulate content to technology which regulates access. "This is moving from a situation of ‘copyright’ to ‘copytight’ Some digitized media online and on CDs and DVDs permit access to buyers through various security features and codes that do not permit easy transferral and duplication. President Bharrat Jagdeo, who has been the main driver behind the LCDS, has previously expressed concern that modern Intellectual Property and Copyright legislation could put textbooks out of the reach of the poorest. Textbooks, music and movies are copied in large quantities locally and sold very cheaply, causing dealers and producers of original works to baulk at the impact that it is having on their businesses.