IN TODAY?S fast world, what we considered yesterday as the dernier cri in the line of products is being replaced by even more sophisticated and developed versions overnight. Be it the car, the computer, the mobile phone and other high-tech items that yesterday we were proudly displaying as the ?latest? of our acquisitions, is today something of the past, if not something downright obsolete!

In view of this fact and the one that we have to import practically all our consumption-crazy society?s needs from abroad, our laws and regulations controlling these imports demand constant revision to meet the latest technological developments. For example, under what tariff item will our customs classify the latest Japanese marvel ? the all-in-one wrist-watch-mobile-phone-camera-image-transmitter? Although the Brussels Tariff Nomenclature does offer some guidelines for such classifications, our laws have no specific provision for such ?casse-têtes?. Our legislators had not foreseen such a futurist invention.

This lack of foresight is more apparent ? with more confusing outcomes ? in respect of our ?Copyright Act?, in so far as DVD films are concerned. Our legislators, while formulating this act, have failed to foresee the technological developments in the production of films. The latter are no longer an affair for the big-screen only. They are reduced into different formats to suit different clientèles: cinematographic, public viewing on TV, in-flight entertainment on planes and home entertainment. They can be origin-printed on VHF, VCD or DVD format. To further complicate matters (for our law makers) the same producer can and does release the same film on DVD for different world-areas ? Zone 1 for US, Zone 2 for Europe, Zone 3 for Asia, etc; and, lately, also available on website.

Let us take the example of a Hollywood production, say ?Terminator 3?, Universal Studio, USA, releases the film (a) for ci-nema (English language) and a dubbed version for French-speaking audience, (b) on VCD and (c) on DVD -Zone 1 (with multiple language option); Universal Studio, UK, releases the same film (a) for cinema, (b) on VCD and (c) on DVD-Zone 2. (UK releases are normally only in English language and must carry the UK Censor Board Certificate.)

Now let us suppose that three Mauritian enterprises purchase this film each under a different format ? one for cinema exploitation, one for sale & rental from US, and one for sale and rental from UK, each transacting his purchase in perfect legality and each receiving the assurance of sole distribution. Universal Studio has world ownership for the film. Universal Studio UK is absolutely free to sell the Zone 2 DVD-rights to the Mauritian enterprise. But then, so is Universal Studio USA in regards of Zone 1 DVD-rights to the other Mauritian enterprise. While, in UK, it is absolutely prohibited to commercially exploit any film other than those released under Zone 2; in Mauritius, we have no such law. We have no zone-restriction.

Of these three, who is the rightful copyright owner of Terminator 3 ?

This is not limited to Hollywood films only. Those produced by Bollywood are objects of similar, if not more expanded, commercial exploitation. We have Eros International UK, Eros International USA, Eros International Canada, Eros International UAE. If you so desire, you can purchase an original DVD of an Indian film from any or all of them. Each will give you an authentic copyright ownership certificate. How does MASA, or any other authority, go about giving official recognition of copyright ownership in such a case?

Let it be clear: neither Universal Studio nor Eros International is dealing in pirated copies. Their merchandise, whatever zone or country they come from, are genuine originals. It is only that, when such big companies claim a worldwide distribution, they really go international, with branches in main commercial parts of the globe. Each branch is perfectly authorised to sell and allocate sole-distribution or copyrights to anybody throughout the world. That, in faraway Mauritius, two different persons, having purchased copies of the same film from the same company ? but in its different branches ? can be at each other?s throat in their genuine conviction to be the real owner of its copyright, is the least of these big companies? concern.

It is up to the Mauritian government to set down the necessary legislation to define precisely the zone-area we fall into; and to limit commercial exploitation of DVDs released for that specific zone only. (Incidentally, this would greatly help to fight piracy).

But then, in all probability, our legislator ? unless he is an amateur of films on DVD ? will look at you in his very learned puzzled frown and ask: ?Zoning? What zoning??

by Jagdish SEEBARUTH