Cabinet Secretary Dr Roger Luncheon yesterday said publishers are being engaged in the light of their concerns over government’s decision to buy pirated textbooks for distribution in the public school system.
Luncheon, however, dismissed concerns by the opposition parties that the decision to buy the pirated books sends a mixed message to the country about the law.
“The engagement will have to be with the publishers… We are not going to be worrying with what the media and what politicians say because the media and the politicians do not figure significantly in our own handling of this matter,” Luncheon told Stabroek News at the conclusion of his weekly press briefing yesterday at Office of the President. “It has to do with from whom we procure these services, these goods and those interactions, I can assure you, are ongoing. There have been and they continue. The interactions with the editors, owners, writers, those continue,” he added.
He had been asked about the reaction by original publishers and the local opposition to government’s decision to procure the reproduced textbooks, for which it received bids last week. Luncheon previously justified the decision on the basis of them meeting the “good quality and better price” requirements government is seeking from suppliers.
Both parliamentary opposition parties, APNU and AFC have expressed disgust that government would take such a nonchalant approach to breaching copyright laws, while at the same time preaching the rule of law.
“I wouldn’t say that the government feels that there is any urge for them to respond to the accusations, allegation, comments that are being made by the opposition,” Luncheon said. “I would want to believe that the procurement principles are public principles and when they are questioned and when they are queried I think that there are specific facilities to those who are available for those who feel aggrieved,” he added.
He said that the issue at hand is an “industrial” one that is being addressed by the government. “…The procurement of textbooks would be of more importance than how the government responds to political responses… on these matters, so we are not really motivated to do anything about what politicians say,” he added.
A Ministry of Education source echoed the same argument made by Luncheon, making it clear that the government cannot afford to purchase the original books because of the exorbitant prices. The source added that if the copyright laws had to be broken to ensure all of Guyana’s children get books, then that is what will be done.
Based on the responses from Luncheon, the practice of procuring pirated textbooks has been in place for some time now.
Some of the original publishers of the textbooks, including both regional and international, have indicated that they are contemplating taking legal action against the government. Last week, Emma House, International and Trade Director of the UK-based association, stated that Cabinet’s decision in Guyana to procure pirated textbooks for public schools is an “indisputably illegal act,” noting that it was in contravention of Guyanese law, Carib-bean law, that is, Caricom’s revised Treaty of Chaguara-mas, and the International Berne Convention.
“The Guyanese government has not contacted publishers to discuss supply of legitimate books. This makes the government’s claim that this illegal action is justified by concern over price totally redundant and disingenuous, if not hypocritical,” House also said in a statement, in effect challenging an earlier suggestion by Luncheon that publishers had their product and the cost made available to the ministry, which was factored into decision-making about procurement. He emphasised that what is eventually authorised by Cabinet is utterly consistent with the policy in place which is “quality first, best price final.”
‘Appalled’
APNU’s Deputy Leader Dr Rupert Roopnaraine has said that the main opposition is “appalled” by government’s handling of the situation.
“Government is so cavalier about its actions to copyright laws, knowing that [it is a state party] to the United Nations. APNU is taken aback by Dr Luncheon’s statement,” Roopnaraine said.
“It is a very serious issue. It is one where everyone should look into with considerable concern… it has been going on for years and it is time this government tries to get itself in order,” he added.
Questioned about Luncheon’s value for money defence, Roopnaraine said government should find a way of subsidising for parents who cannot afford the pricy books, not sponsor piracy. He added that while the issue of mass reproduction of books is now on the front burner, the time should be used to also address piracy of DVDs, CDs and medicines produced by the country’s indigenous people.
The AFC, meanwhile, released a statement on the issue, condemning government’s decision. “The fact that the Cooperative Republic of Guyana would take a decision at the highest decision-making level of the executive, to accept and endorse a criminal behaviour is shocking. The blatant disrespect for the intellectual property rights of other persons, sanctioned by the State must be condemned in the strongest possible terms,” it said.
The party said that to excuse of cost for the theft of intellectual property by third parties “has now taken the good name of the Republic of Guyana to hitherto unknown depths of disgrace,” thereby exposing the country to ridicule, derision and contempt in the international arena.
“The theft of intellectual property is the same as theft of any other property. In as much as it is a criminal act to steal the produce from a farmer or cattle from a herdsman, it is equally criminal to steal the work of an author after he would have laboured to create it and in turn to deprive such a person of their livelihood,” the AFC added.
“Is this government now telling school aged children that it is appropriate to steal? Is the PPP/C Government saying that being poor is an excuse for criminal behaviour?” it questioned.
The party’s stance was echoed by its Chairman and attorney Nigel Hughes, who independently expressed his views. “It is theft! This government is approving theft… What would they say to singers like Eddy Grant and others? You cannot justify this theft of people’s property… poverty is no excuse for crime,” he said.
