Pirate DVD trade 'dominating Irish film industry'

The Irish film and video industry is being dominated by pirates selling counterfeit DVDs, it was claimed today.

The Irish National Federation Against Copyright Theft (INFACT) told the Oireachtas Committee on Enterprise and Small Business that 64% of total industry revenue – or €115.2m – was lost to pirates each year.

The committee heard calls for stricter court fines and penalties for offences from a Piracy Steering Group, which includes INFACT.

INFACT – which is made up of industry heads – said that major pirates had links to organised crime and possibly international gangs.

INFACT secretary general, Brian Finegan said: “Pirates try to convey the image of a Robin Hood, while at the same time inflicting a serious blow to the Irish film and video industry, jobs and economy.”

Gardaí made illegal DVD seizures worth €8.3m during 2003 – over double the amount for 2002.

Mr Finegan added: “To ensure the viability of the home entertainment industry, we must see existing legislation enforced and realistic penalties imposed to combat the lucrative cancer being perpetrated on the consumer.”

INFACT was set up in the early 1990s and has since assisted National Bureau of Criminal Investigation officers in over 3,000 raids.

Most counterfeit DVDs are sold in street markets, car boot sales, door to door or in advertisements in the print media.

Xtravision chief executive Martin Higgins told the committee that counterfeit DVDs were also being brazenly sold by pirates outside some of the firm’s 200 stores in the country.

He said that gardaí were frustrated that the time-consuming investigations didn’t result in tougher court penalties under the Copyright and Related Rights Act, 2000.

He added: “It’s seen as a victimless crime to a large extent. This is not a case of somebody being murdered. This is not a case of drug-related crime.

“For the judges, there is a lack of awareness of the damage it is doing to the industry.”

Mr Finegan agreed: “Absolute fortunes are put into surveillance, detection, searches, the preparation of books of evidence. Staggering sums of money have been involved. It has been disheartening.

“It does jaundice police work. They say ’why bother?’ It can be demoralising.”

INFACT said 90% of all counterfeit goods seized by customs officers were intercepted in the post.

The packages had come from China, the Far East and Turkey, Mr Finegan said.

“It is generally accepted, based on intelligence and information from multiple sources that the major pirates have links to organised crime, and the scope, expertise and money available to counterfeiters indicate an international crime affiliation.”

Mr Finegan also hinted at a strong subversive link to counterfeit operations.

“They’re not pussycats. It used to be a case of a few individuals trying to put a few quid in their hip pocket without the Revenue knowing about it.

“Now they’re arming themselves when they need to. We’re coming across people from the Border areas in markets in Cork and elsewhere.

“We even had a situation in Dundalk where a gang actually hijacked a lorry of goods that had earlier been seized.”

Committee chairman Donie Cassidy said he would be putting the concerns of INFACT to the Justice Department and inviting Minister Michael McDowell to appear before members in the near future.