Open Letter to ZRP Commissioner Mr A. Chihuri: Erradicating Music Piracy

MUSIC PIRACY

Introduction
We have over 100 music artists in Zimbabwe. It is said that over music piracy is escalating at an alarming rate in Zimbabwe and can be equated to South Africa where 5 million music discs are pirated annual (Music.org).

I am currently based in the Gauteng Province and I have visited a lot of places in Zimbabwe including Harare, my hometown Zvishavane etc. and everywhere one goes you find music, video piracy discs, it has become the order of the day.  There is visible growth of instant messaging that has resulted in a lot of music file swapping systems thereby getting such music easily and either very cheap or for free. This is hitting hard on jobs and investments.

One would liken the situation to the Mexican drug cartels. At one time, the Mexican people had accepted that drugs were their way of life because it was common practice. The then President Mr Felipe Calderon is now facing an uphill battle trying to root out this dilemma the Mexicans find themselves in. They will eventual win, but unfortunately it will mean a lot of causalities.

I have read with interests that our musician are calling for tough laws on music piracy and am sure it's justified. I had the privilege of meeting Mr and Mrs Charamba on their trips to Johannesburg at one point in time, they complained that piracy was killing the musicians (were getting less and less cents as a result). A musician would record today and before releasing, plenty plus would be hitting the streets. One problem which I have noted is that our ZRP officials only tackle once (a once off thing).  We are one of the most successful countries in fighting crime and I do not understand why we cannot bury music piracy. Being in the security industry, I am happy that a lot of companies have done a lot to root out corporate theft especially in South Africa. Many companies at one point had an accepting culture that criminal activities (theft especially) is a way of life and in a way acceptable. Little did employees were aware that companies can be bankrupt as a result. Those companies which did little to stop theft either did not enjoy full profits or eventually, some closed down. The same can be said to our Zim musicians.

It is in this serious light that I had to do some research on music piracy in Southern Africa and Africa; I do sympathise with our artists because what is on the black market may mean that probably one tenth of music sold to our citizens is probably original, while another one tenth is legally downloaded with probably two tenth downloaded illegally, three tenth sold on the black market and another three tenth shared for free. It can be worse than that.

I heard a companion of mine who got a nice bonus asking me for a copy of Zahara cd after he heard her hit music playing in my car. At first I told him that it was copy protected, but was prompt and frank to him that the lady produced some exceptional music therefore we must support her if we are to see more of her hits.  It helped me to conclude that we now have an accepting culture and if I hear my friend playing a new release, I can easily request a copy though I can afford because of the opportunities associated with obtaining such.

The IFPI estimated that a total of 1.2 billion pirated music discs were sold in 2004 and that is 34% of music discs sold worldwide. Also according to their statistics, growth of music piracy has slowed in countries such as Mexico, Brazil, Paraguay, Hong and Spain. Unfortunately Korea, Bulgaria, Canada and China and Taiwan have been facing a challenge in physical and internet piracy. I have never heard of an African country which is doing well in fighting piracy hence very concerned that some of the unemployment which we are facing can be as a result of such (IFP Annual Report 2011)  .   

Definition and terms
      -Music Piracy: piracy is the illegal copying of copyrighted material and this can be but not limited to music, games and videos (Library Think-quest). Generally it is described as the deliberate and infringement of copyright and/or Trade Marks for commercial gain, it covers both physical and internet piracy (MIPI Australia).

      -Counterfeiting:     Intentional and calculated reproduction of a genuine music/movie disc etc. imitates fraudulently (Business Dictionary).

      -Internet Piracy: it is the unlawful reproduction and/or distribution of any copyrighted digital file that can change hands over the internet. This can be done with music files, videos and movies, e-books, software and other materials. Conductors of such can include advertising and sales. It has become a worldwide problem because of the relative ease with which it can be committed, even over long distance (WISEGEEK).
 
One of the first types of files that were pirated in a widespread way was digital music files also known as MP3s because of the file extension they carry (WISEGEEK).

Proposed Solutions to the piracy problems
      -The ZRP officials can play a leading role in fighting piracy. During roadblocks (deterrent effect), routine patrols they can check for non-original music discs as well as memory cards/sticks plugged on car radios and confiscate such. Initially, this measure is not to punish offenders but will save as a deterrent; with time only punishing offenders would be inevitable. A joint operation venture with the Army would even yield great results.

      -Music recording companies, music associations, artists must team up and employ a security company countrywide. The security industry is one of the fastest growing industries in the world and very effective in fighting criminal activities. Return on Investments on this particular measure will have far more wanted results.

      -Piracy must be communicated to citizens as a criminal activity and citizens must be encouraged to also view this in a serious light and help by confiscating and tipping off security officials.

      -When the ZRP release statics of criminal activities, it is wise to include pirating of music discs, it is a good measure to help citizens to be aware that it is a criminal activity and there is zero tolerance against such heinous and ignonimous activity. 

      -Artists must make stickers available not only on the internet (STOP MUSIC PIRACY OR ZERO TOLERANCE ON MUSIC PIRACY etc.), saves as an awareness campaign to citizens and such efforts cannot just be ignored. It is very important that we are turned into a culture of caring.

      -Music corporations must work with companies to educate their staff on doing the right thing.

      -Other top companies which can help us in eradicating this problem are:
      -NRZ  For safety and security reasons they make use of security personnel in their trains. These forces can help eradicate pirated music sold in the trains as well as train stations.

      -Minibus Taxis will play another important role if engaged. If they also play original music and having stickers in their taxis denouncing music piracy, it's a good awareness programme to commuters. They can also help end selling of such CDs and DVDs at the taxi ranks.

      -Bus Companies √¢‚Ǩ‚Äú especially at bus terminuses/ranks you will find a lot of pirated CDs and DVDs sold at these places. Our security personnel doing their duties there can help us rid off this problem.
      -Town council markets (flea markets) are also rife with pirated music CDs and DVDs; the inspectors can be of great help in ensuring their markets are clean.

      -Shopping Malls, especially small ones pirated music CDs and DVDs are common on their floors and security personnel of the malls should be empowered to tackle this problem as well.

      -Our celebrities can also play a very important role in awareness campaign. Such includes sports man, actors/actresses etc. Before the start of a game, a message against music piracy can be ready to spectators in the stadium and viewers (PSL can be instrumental in such).

      -We can benefit a lot from the media covering such issues. One would think of the Daily Sun, ZBC, Multi-Choice etc. 

      -Schools must be requested to educate their pupils and act on students who do piracy. High school pupils are some of the most distributors of pirated music to date. They also load a lot on their mobile phones.

      -Educating communities through awareness campaigns etc. One would think of artists visiting some homes checking for households with pirated music discs versus households with original music discs. Again initial it is not to punish offenders but saves as a very good deterrent and by airing such to citizens the benefits would be great.

      -Encouraging street vendors to sell original copies. In other words prices must be made affordable, also obtaining such material must be made easier for them (licensing etc.).

      -On their shows, it is for their benefit that artists talk against music pirating and encouraging their fans to do the right thing by buying original material tipping off responsible officials (ZRP etc.) of any piracy. I hardly hear artists do this.
      -Enforcing or requesting help of pub owners (beer halls, bottle stores). Mostly they also play anything and that's includes pirated music. On obtaining liquor licenses, such issuing officials can play a pivotal role in making it a recommendation that no pirated music is to be played in such places.

      -Artists must have an organisation which aims at dealing with this dilemma, which organises summits etc. to help awareness and bring in new ideas and have the backing of the government in necessitating websites shutdown (of offenders who promotes free music downloads).

      -Internet cafes are also to be urged to discourage illegally music downloads etc. and they must be discouraged from burning music discs for selling.

      -Artists are not united against music pirates and it is a very big worry. Some are protecting their music discs and it would benefit all musicians if they shared security ways to root out music piracy.
      -The company I work make use of blue coat web filter software such that when I am using the internet I cannot download music/video files etc. That's being corporate responsible and such is good for our artists. Other companies not doing this must be encouraged.

      -One biggest problem with Zimbabwe's upcoming musicians is that they copy a lot, sounds from artists outside the country. The way they do it is as if there are no other new sounds left in the world. One would have a full album with copied sounds from other artists (mostly raga, kwaito, Nigerian beats). They must be discouraged from doing this as it also encourages piracy.

Technology can be blamed for orchestrating piracy (mostly internet piracy) but do we have to stop technology in order to win against piracy? Research has shown that Rihanna is benefiting a lot from music downloads. I am quite sure that our Zimbabwean artists can also benefit a lot from their American and European artists who have benefited a lot from technology. Music must be downloaded at a reasonably cost taking citizens in mind. We must remember that the low incomes are the most buyers of local music discs.

It is important to work with software developers such as Microsoft, Linux etc. There have been developments like making music that will not play on home PCs. These developers can also assist in cases such as file sharing of which artists will be able to use courts to shut down such (file swapping systems). Also artists would be able to detect websites that promote piracy (free music downloads websites) and shut down such.

One would think of working with cell phone networks and such can help us with legal music downloads, they can even come up with software's that will ensure illegally downloaded music is not played on mobile phones (certain file extensions etc.). It is worth noting that nokia for example has taken a crucial step in the right direction with their OVI music on their smart mobile phones, am sure other mobile phone manufacturers can copy this great innovation, also Apple's I-tune. Certainly Microsoft can also come up with something similar. Just imagine ZBC also introducing legal music download just like Multi-Choice's O-music online. It is another way our artists can benefit as well. I do fancy Sony products as they do not play all music type, rather their DVD players' play mostly audio etc. And still do very well on the market; unlike other DVD players which play data, DivX etc. though good for business unfortunately it is at the expense of artists.

Car manufacturers can also be of assistance as they have been in the past. I value the fact that my Honda Civic had a car cd player when I bought it. Though I went on to buy an advance one which plays all music files, it shows that they are have the artists in mind and that the onus is on the music discs player manufactures.  One would also imagine car radios that we use are also made with artists in mind (anti-piracy etc.) certainly car makers are working hard to produce cars that are environmentally friendly, they are even prepared to do more if presented with such an opportunity (anti-piracy).

The United States of America has been leading in music piracy fighting. It is worth repeating that some countries which enjoys success which are succeeding in fighting music piracy includes Mexico, Brazil, Paraguay, Hong Kong, Portugal, Britain (recently) and Spain (music piracy was once rife in Spain but the government took a tough stance).

Conclusion
Music piracy will remain a big challenge in Zimbabwe and Africa until our artists are united against such. If you have Kapfupi's pirated music discs hitting the streets before release and probably only a few musicians complained, then we may not achieve our objectives in fighting music piracy. In South Africa, Mzwake Mbuli fought music piracy with a few artists only for a few weeks; such efforts unfortunately amounted to nothing.

If you have only Mcinga fighting a lone battle with a shop owner having a stock pile of pirated music on his shelves and the lady is assaulted and only two or three (artists) voices their anger, then piracy syndicate would celebrate victory as they see a big weakness of artists in fighting against music piracy.

The recent successful Metro FM awards held in Mbombela, I only heard Zahara's producer denouncing music piracy ("iya sibulala") and pleading to music fans for help to stop this heinous act. Only on a few occasions have I heard our artists showing concern on music piracy 9talking tough on such).

We have the MTN Summer Awards, Hyundai Music Video Awards, and Channel O etc.  but still we haven't spared a few minutes to talk about ways to tackle piracy as though it does not affect us negatively. I want to hear Zimbabwean musicians with one voice say at awards etc. thus against music piracy.

It is worth repeating that if artist are united, they present their ideas to the government then help will be forthcoming. It is unfair to blame the ZRP as they are also guided by certain procedures in performing their duties and until music piracy is added in their procedures, they will act accordingly with good results.

The communities can be of great help if properly engaged. We do overlook our security personnel, Community Forums [Night Watch Man etc.]); the truth is they are the best weapon that can be used with success to eradicate this dilemma we find ourselves in.

It is also of paramount importance that artists must work with Community Policing Forums. They have been at the centre in eradicating crime but we have done little if not none to recognise their efforts, instead we have forgotten these warriors as we walk streets freely at midnight (without an idea of who made it possible).

I THINK THAT WHAT IS IN THIS DOCUMENT WILL HELP AFRICANS TO START TACKLING MUSIC PIRACY AND THEN WE WILL BE ABLE TO LIAISE WITH THE WORLD; THAT MEANS ALL WINNING AND ENJOYING GOOD MUSIC. WE NEED HITS AFTER HITS FROM OUR ARTISTS.

THOUGH I TALKED MOSTLY OF MUSIC DISCS, MOVIE DISCS ETC SHOULD FALL UNDER SUCH AND IT IS OF PARAMOUNT IMPORTANCE THAT WE TARGET ANY ILLEGAL ACTIVITIES INVOLVING PIRATING BE IT FOR INTERNATIONAL ARTISTS ETC.

DOING SOMETHING ABOUT IT, WE CAN REDUCE MUSIC PIRACY TO AN ACCEPTABLE LEVEL.
THANK YOU!!!