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Pirates, lies and videotape
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With the authorities having waged a war on video piracy, the video library owners find themselves in a fix. In the eyes of law, even the act of lending is questionable...
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Thou shalt not steal.
-- The Eighth
Commandment
Who is the most worried man in town?
No, it is not the Government employee, whining over his dearness allowance. It is not the engineering graduate, who is disappointed with his failed NRI dream. Nor is it the real estate broker, his latest transaction being the one effected three years ago. The saddest person, at the moment, is the video parlour owner.
Under existing laws, a policeman can enter a video parlour, at any odd hour, arrest the owner and seal the outlet. The evidence could be the act of lending itself. For the last few years, the film industry has been struggling to fight video piracy. It is also a fact that many video parlours had abetted the pirates in their game. All these years, the Government had chosen to remain ineffective on this front. It had allowed the video libraries, and some of their illegal activities, to flourish. Things, they say, can change in a day. The day has arrived. Running a video parlour has now become the riskiest business in town.
The story began when one of our superstars decided to pay a visit to the Chief Minister's office. His purpose was to inspire the Chief Minister towards taking "strong action" against all video parlours and sources involved in video piracy. The actor, starving for a super hit for the past three years, had his own reasons. His latest film (success, at last) was running to packed houses all over the State. The pirates had simultaneously arranged the State-wide distribution of pirated CDs of the movie. In short, not less than 100 parallel screenings were going on in the city along with the regular show!
The Chief Minister immediately responded to the superstar's demand, and flagged off the "raid" show. In the flash raids that ensued, 22 cases were registered against video parlour owners, who were "found" to possess pirated VCDs and cassettes of the latest films.
"The police are targeting only the video parlours. They are using it as an opportunity to harass us. The sources of illegal copying still remain out of their bounds," says Ravi (name changed), a video parlour owner. "The main sources of pirated CDs are located at Adoor, Karunagappally, Beemapally, Neyyattinkara, Parassala, Venjaaranmoodu and Chirayinkil. The police dare not even drive into these places," he adds.
The Thiruvananthapuram District Video Library Owners Association (TDVLOA), however, is against buying and lending pirated cassettes and CDs.
Says V. Chandrababu, president of TDVLOA, "We are against piracy. We have asked all our members to sign an agreement wherein they promise not to buy or lend pirated CDs of Malayalam films."
But the pirates are not willing to accept defeat. In fact, they have grown in strength. While the latest "legal" video entries reportedly include `Phantom Paili' and `Kayamkulam Kanaaran', the pirates have released the VCD of `Sadananthante Samayam' and `Chronic Bachelor'. Even after the raids, their distribution network remains undisturbed. Many members of the association suspect the involvement of the underworld.
"We are being constantly threatened by those involved in piracy. They do not sell the pirated stuff in video parlours. Barber shops and furniture shops act as their outlets. The police are not doing anything to trace and scan these outlets," says P. P. Vinod, secretary, TDVLOA. "Instead, they have acted partially and conducted raids only on video parlours in the city."
The economics of video piracy is simple. But the routes taken are a bit tough. According to sources, the pirated CDs of recent films are being smuggled in from the Gulf. "The pirated CD is made from the print that is sent to the Gulf to be released simultaneously with the Kerala opening," says Vinod. "It is then smuggled into the mainland, from where copies are made and sold," he adds.
The making of a pirated copy of the original CD costs not more than Rs. 30. The CD is then sold for a meagre Rs. 50. Naturally, the public subscribes to this as they find it unprofitable to spend Rs.250 (for the whole family) at the theatre when they can see the movie, with the same visual quality, at their homes. The only sacrifice is the loss of screening space. But no one is worried as long as Malayalam cinema dishes out mediocre films that do not demand the big screen.
"Piracy is the by-product of the stunning feats in technology," says Suresh Nair, a degree student who "collects new films". "It is not wise to underestimate technology in your eagerness to justify the film industry. Time and technology wait for none. As far as the film producers are concerned, it is wise to upgrade their business than succumb to the pressures of science," he adds.
This prompts a discussion on the relevance of the Copyrights Laws in India. The Copyright Act, 1957, was enacted and came into force on January 21, 1958. It was the Amending Act 85 of 1984 that specifically addressed the issue of piracy. The statement of Objects and Reasons to the amendment acknowledged piracy as "a global problem due to the rapid advances in technology". The amendment is now 19 years old. It was made at a time when `Neanderthal' stars were roaming the big screen.
The reality, today, is that every home, equipped with a PC, could function as a `pirate ship'. Every college student, who is in love with his PC and has a mind for movies, is a potential pirate. "New movies have become a source for making some quick pocket money," says Suresh Nair.
Adding to the woes of the film industry are the cable operators who "telecast" the movie to their clientele on the very day of the release of the film in theatres. "Kilichundan Mambazham' was shown on cable three weeks back," reveals Ramanathan, a resident of Karamana.
Piracy is not the only issue that is giving the video parlour owners sleepless nights. The very act of lending is questionable in law. "The Copyright Act does not allow anybody to rent the VCD or cassette of a film," says advocate P. R. Pramod Kumar. Among the mandatory features of a legal VCD or cassette, is the warning issued by the copyright owner. The warning, which is to be shown on the screen as well, makes for some interesting reading: "The tape is meant only for home viewing, and any unauthorised duplication, hiring, or public exhibition is illegal. Screening of the tape in restaurants, buses, video parlours, hotels, closed circuit TV and any other place where people gather and pay for viewing directly or indirectly is prohibited." One does not have to be a Sherlock Holmes to see how well this is being enforced. "Even KSRTC bus services such as the Garuda screen movies for the passengers," says Komalan, a video parlour owner.
"The Copyright Act should be revised," says V. Chandrababu, who has been in the video parlour business for the last 18 years. "There are about 40,000 or more video parlours in the State. It has become an industry. The Government should protect it."
The police raids have not proven successful in combating piracy, so far. The Thiruvananthapuram District Video parlour Owners Association has introduced its own anti-piracy squads. "Once you are out of city limits, you enter the piracy zone," says a TDVLOA squad member. The association is also planning a delegation to the Chief Minister. They know piracy is only the tip of the iceberg.
They complain about the attitude of the authorities who turn a blind eye towards the public, which is "solely responsible for sponsoring pirates". "Our clients include moviemakers, actors and technicians. They are among the first to ask for a pirated CD once it hits the market," says Shaktidharan, a video parlour owner. "Many retired police officers and advocates are also involved in video piracy," he alleges.
The war has been waged with the film industry and the Government on one side and the pirates, armed with the latest in technology, on the other. Caught in between are the video parlour owners, who have nothing more than an antediluvian Act as their rusted armour. Even their parlours have not been registered.
`Video killed the radio star...
Put the blame on VTR...' , the Buggles sang in the Seventies.
Times have changed.
If issues regarding copyright and piracy go unaddressed, video is sure to kill the film star and bury the video parlour owner alive.
V. G. MURALIKRISHNAN
Graphics: O. Sundar
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