Enhancing
Data
Collection
in
the
Creative
Industries
Sector
in
CARIFORUM
Prepared
by
Dr.
Keith
Nurse
and
Alicia
Nicholls
Shridath
Ramphal
Centre
for
International
Trade
Law,
Policy
&
Services
University
of
the
West
Indies
Cave
Hill,
Barbados
Prepared
for
Inter‐Agency
Presentation
ITC,
UNCTAD,
WTO
and
WIPO
Contribution
32nd
COTED
Meeting
Georgetown,
Guyana
May
16‐17th,
2011
Contents
Introduction ................................................................................................................................................. 2
Methodology ............................................................................................................................................... 2
Defining
the
Creative
Industries .................................................................................................................. 3
Creative
Goods ............................................................................................................................................ 5
Creative
Services.......................................................................................................................................... 9
Creative
Intellectual
Property.................................................................................................................... 13
Trade
Policy
Context .................................................................................................................................. 16
Challenges
facing
CARIFORUM
CSOs ......................................................................................................... 20
Recommendations..................................................................................................................................... 20
References ................................................................................................................................................. 22
Appendix.................................................................................................................................................... 24
1
Introduction
The
creative
industries
are
among
the
fastest
growing
sectors
in
the
global
economy.
According
to
the
UNCTAD
Creative
Economy
Report
(2010),
international
trade
in
the
creative
industries
has
shown
resilience
in
the
face
of
the
global
economic
crisis,
with
the
trade
of
creative
goods
and
services
experiencing
14
per
cent
annual
growth
and
doubling
in
the
period
2002
to
2008
to
reach
$592
billion.
Even
more
encouraging
has
been
developing
countries’
increasing
share
in
world
creative
exports
with
exports
in
creative
goods
accounting
for
176
billion
in
2008.
Where
does
the
Caribbean
fit
in
the
burgeoning
creative
economy?
It
is
widely
accepted
that
the
Caribbean
punches
above
its
weight
in
the
creative
economy
given
the
international
success
of
many
of
the
Caribbean’s
musical
genres,
recording
artistes,
literary
authors
and
festivals.
However,
it
is
surprising,
if
not
alarming
to
observe
the
region’s
poor
trade
performance
in
the
creative
sector.
This
is
in
a
context
where
the
creative
sector
is
arguably
an
area
in
which
CARIFORUM
countries
enjoy
some
competitive
advantage
and
for
which
there
is
much
scope
for
product
and
export
diversification
and
for
destination
and
intellectual
property
branding.
However,
despite
these
countries’
rich
cultural
assets,
the
importance
and
potential
of
the
creative
industries
in
CARIFORUM
countries
have
been
underestimated
and
unexplored.
This
blind
spot
is
due
in
many
cases
to
the
absence
of
data
infrastructure
to
capture
the
economic
contribution
of
the
sector.
It
is
increasingly
accepted
that
better
data
collection
is
critical
for
national
policy‐making
as
well
as
strategic
industrial
and
business
planning
and
the
creative
industries
sector
is
no
exception.
Given
the
paucity
and
inconsistency
of
economic
data
it
is
critical
to
develop
a
data
infrastructure
for
the
creative
industries
in
the
CARIFORUM
region
if
the
full
potential
of
the
sector
is
to
be
realized.
This
paper
aims
to
provide
a
review
of
the
existing
data
and
to
identify
the
gaps
in
the
data
infrastructure
and
finally
to
make
some
recommendations
on
the
improvement
of
data
collection.
Methodology
The
paper
defines
the
creative
economy
and
the
creative
industries
based
on
the
definitions
used
by
the
United
Nations
Convention
on
Trade
and
Development
in
the
Creative
Economy
Report
(2010).
The
paper
investigates
the
existing
data
on
the
economic
contribution
of
the
sector
to
the
Region
through
three
income
streams:
creative
goods,
creative
services
and
2
creative
intellectual
property.
In
so
doing,
the
paper
relies
on
secondary
goods
and
services
trade
data
from
the
UNCTAD
Creative
Economy
Report
(2010)
and
royalty
collections
data
from
CISAC
and
Caribbean
Copyright
Link.
The
paper
then
turns
to
look
at
the
trade
policy
context.
Data
on
the
applied
and
bound
MFN
rates
for
the
Region
are
derived
from
the
World
Trade
Organisation’s
Tariff
Download
Facility
while
information
on
CARICOM’s
regional
regime
for
cultural
goods
trade
is
derived
from
a
paper
prepared
for
the
CARICOM
Regional
Task
Force
on
Cultural
Industries
(Silva).
The
information
on
the
EPA
is
taken
from
an
analysis
of
the
cultural
provisions
of
the
Agreement
conducted
by
Nurse
(2010).
Based
on
the
data
gaps
identified,
the
paper
then
makes
recommendations
on
what
is
to
be
done.
Defining
the
Creative
Industries
The
creative
industries
are
vast
in
scope,
dealing
with
the
interplay
of
various
sectors
(UNCTAD,
2010).
Varying
definitions
of
the
creative
industries
exist
however,
from
a
trade
standpoint
it
is
efficacious
to
use
the
definition
employed
by
UNCTAD
in
the
Creative
Economy
Report
(2010).
This
definition
states
that
the
creative
industries
are:
•
the
cycles
of
creation,
production
and
distribution
of
goods
and
services
that
use
creativity
and
intellectual
capital
as
primary
inputs;
•
constitute
a
set
of
knowledge‐based
activities,
focused
on
but
not
limited
to
arts,
potentially
generating
revenues
from
trade
and
intellectual
property
rights;
•
comprise
tangible
products
and
intangible
intellectual
or
artistic
services
with
creative
content,
economic
value
and
market
objectives;
•
stand
at
the
crossroads
of
the
artisan,
services
and
industrial
sectors;
•
constitute
a
new
dynamic
sector
in
world
trade.
Source:
UNCTAD(2010)
According
to
UNCTAD
the
creative
industries
may
be
classified
into
four
broad
groups,
which
are
sub‐divided
into
nine
subgroups
as
shown
in
Figure
1.
3
Figure
1:
UNCTAD’s
classification
of
creative
industries
The
creative
industries
sector
has
several
transaction
networks
and
income
streams
(Nurse,
2002).
This
sector
generates
income
from
the
sale
of
goods,
the
provision
of
services
and
the
licensing
of
intellectual
property.
Therefore,
the
argument
can
be
made
that
cultural
industries
do
not
produce
final
products
but
circular
goods,
services
and
forms
of
intellectual
property
(Nurse,
2002).
See
Figure
below.
Figure
2:
Income
Streams
in
the
Creative
Industries
Services
Goods
Intellectual
Property
Invisible
Earnings
Visible
Earnings
Invisible
Earnings
(e.g:
books,
CDs,
(e.g:
live
(e.g:
royalty
DVDs,
Paintings,
performances,
income,
licensing
Musical
design
services,
fees,
digital
Instruments)
record
management
engineering)
rights)
The
Experential
Economy:
Cultural,
Heritage
and
Festival
Tourism
Source:
Nurse
(2002)
4
What
follows
is
an
assessment
of
the
existing
data
on
the
economic
impact
of
the
creative
industries
in
the
world
and
in
CARIFORUM
through
these
three
revenue
streams.
Creative
Goods
Most
data
on
creative
goods
trade
is
based
on
the
International
Standard
Industrial
Classification
(ISIC),
the
Central
Product
Classification
(CPC);
and
the
Harmonized
Commodity
Description
and
Coding
System
(HS).
Much
of
this
data
is
made
available
in
national
balance
of
payments
and
in
online
databases
such
as
UN
COMTRADE
and
the
International
Trade
Centre’s
trademap
application.
The
most
complete
data
and
analysis
of
creative
industries
trade
both
for
CARIFORUM
countries
and
the
world
is
found
in
the
UNCTAD
Creative
Economy
Report
(2010).
It
provides
data
on
the
value
of
trade
in
creative
industry
products,
including
tangible
goods
and
intangible
services.
The
Creative
Economy
Report
relies
primarily
on
data
from
the
UN
COMTRADE
database
as
reported
by
the
central
statistical
offices
(CSOs)
of
individual
countries.
Therefore,
the
data
in
the
Report
can
only
be
as
complete
and
as
accurate
as
that
provided
by
the
CSOs.
The
most
recent
version
of
the
Creative
Economy
report
was
published
in
2010.
According
to
UNCTAD
(2010),
the
value
of
world
creative
goods
exports
grew
11.5%
between
2002
and
2008.
The
total
value
of
creative
goods
exports
in
2008
was
$407
billion.
All
Regions
saw
growth
in
goods
exports
earnings.
As
shown
in
the
figure
below,
developed
countries
account
for
the
largest
share
of
creative
goods
exports.
However,
developing
countries
more
than
doubled
from
$79
billion
to
$176
billion
between
2002
and
2008.
In
2008
developing
countries
accounted
for
56%
of
creative
goods
exports,
while
developed
countries
accounted
for
43.5%
of
creative
goods
exports.
However,
this
is
mainly
because
of
China.
Without
China,
developing
countries’
share
drops
to
22%.
5
Figure
3:
Share
of
Creative
Goods
Exports
by
Economic
Region
(2008)
Although
developed
countries
were
also
the
main
importers
of
creative
goods
in
2008,
their
share
in
world
imports
declined
from
83%
to
75%
between
2002
and
2008.
The
top
importers
were
Europe,
the
United
States,
Japan
and
Canada.
Developing
countries
imported
22%
of
all
creative
goods
in
2008
with
a
value
of
$94
billion.
However,
despite
the
preceding
analysis,
this
data
does
not
necessarily
reflect
the
true
value
of
the
cultural
industries
to
the
world.
Knowledge
of
the
form
and
operation
of
the
creative
economy
is
relatively
scarce
compared
to
that
for
more
established
industries
(UNCTAD,
2010).
Several
reasons
account
for
this.
Besides
the
problems
of
defining
what
constitutes
the
creative
industries,
there
are
no
commonly
agreed
indicators
for
measuring
the
contribution
of
the
creative
economy
to
society
and
to
the
overall
economy.
There
is
a
lack
of
tradition
of
monitoring
and
evaluating
cultural
activities.
The
novelty
and
constant
state
of
change
of
many
of
these
areas
as
economic
activities
makes
devising
appropriate
measures
of
activity
difficult.
The
current
evaluation
and
measurement
techniques
have
also
not
kept
pace
with
the
new
technologies
and
business
models
for
the
distribution
of
creative
products
(UNCTAD,
2010).
A
complete
assessment
of
the
creative
economy
is
even
more
difficult
to
conduct
in
the
Region.
CARIFORUM
countries
use
various
mechanisms
for
the
collection
of
data
on
creative
industries.
The
member
countries
of
the
Eastern
Caribbean
Currency
Union
(ECCU)
collect
data
via
an
Source:
UNCTAD
(2010)
6
annual
balance
of
payments
survey,
whereas
Barbados,
Belize,
the
Dominican
Republic
and
Jamaica
collect
data
mainly
through
a
survey
with
the
use
of
international
transactions
reporting
systems
(ITRS)
and
exchange
controls
to
varying
degrees.
For
the
other
countries
in
the
Region,
the
IRS
is
the
main
source.
Haiti
is
the
exception
and
uses
various
sources.
This
makes
comparability
of
cultural
industries
data
across
the
Region
difficult.
The
creative
goods
trade
data
for
CARIFORUM
countries
is
also
not
as
detailed.
For
instance,
while
there
is
published
data
on
the
absolute
value
of
each
country’s
exports
and
imports,
this
data
is
not
usually
disaggregated
by
sub‐sector,
nor
does
it
usually
indicate
CARIFORUM
countries’
main
export
and
import
markets
for
creative
goods
and
services.
As
shown
below,
the
Region
maintains
a
negative
balance
in
the
trade
of
creative
goods
over
the
2003
to
2008
period.
While
the
Region
imported
$1244
million
in
creative
goods
in
2008,
it
only
exported
$551
million
in
that
same
year,
reflecting
a
negative
balance.
Figure
4:
Comparison
of
Caribbean
Creative
Exports
and
Imports,
2003‐2008
Source:
UNCTAD
2010
Figure
5
provides
data
on
the
import
and
export
of
creative
goods
for
several
Caribbean
countries
for
the
year
2006,
which
is
the
best
year
in
terms
of
coverage
and
consistency
for
the
region.
What
the
data
shows
is
that
the
Dominican
Republic
was
CARIFORUM’s
largest
importer
and
exporter
of
creative
goods
as
well
as
the
only
country
to
generate
a
surplus.
All
the
other
countries
register
sizable
deficits.
7
Figure
5:
Caribbean
Creative
Goods
Imports
and
Exports
(2006
$m)
Source:
UNCTAD
2010.
Some
independent
studies
have
helped
to
shed
light
on
creative
goods
trade
not
necessarily
captured
in
official
data.
A
good
example
is
that
of
the
steel
pan
instrument
used
to
make
steel
pan
music.
The
steel
pan
instrument
is
one
of
the
few
creative
goods
in
which
the
Region
enjoys
a
trade
surplus
(see
Figure
6).
The
steel
pan
instrument
accounts
for
eighty
percent
of
Trinidad
and
Tobago’s
exports
of
creative
goods.
As
shown
in
the
figure
below,
Trinidad
and
Tobago’s
steel
pan
exports
fluctuated
over
the
1999
to
2008
period
but
have
risen
over
the
2006
to
2008
period
to
TT$4,000,000.
However,
these
data
are
not
usually
captured
in
most
publications
on
Trinidad
and
Tobago’s
or
the
Caribbean’s
creative
goods
exports.
8
Figure
6:
Steelpan
Instruments
Exports,
1999‐2008,
(TT$)
Source:
Nurse
(2009)
from
data
retrieved
from
Trinidad
and
Tobago’s
Central
Statistical
Office,
several
years.
Creative
Services
International
trade
in
creative
services
takes
place
through
four
modes
of
supply
as
outlined
in
the
table
below.
Mode
1
(cross‐border
supply)
refers
to
the
supply
of
the
service
from
the
provider
to
the
consumer
via
the
internet
for
instance.
Mode
2
(consumption
abroad)
takes
place
when
the
consumer
goes
to
the
country
of
the
service
supplier
to
consume
the
service,
as
in
heritage
tourism
and
festival
tourism.
Mode
3
(commercial
presence)
describes
the
establishment
or
acquisition
of
a
branch
or
subsidiary
in
a
foreign
country
with
the
aim
of
supplying
a
service
to
the
consumers
in
that
country.
Mode
4
(movement
of
natural
persons)
refers
to
where
the
service
supplier
goes
to
the
country
of
the
consumer
to
provide
the
service
on
a
temporary
basis.
An
example
would
be
performers
and
artistes
going
to
a
foreign
country
to
give
a
concert.
Table
1:
Modes
of
Supply
in
Trade
of
Creative
Services
Mode
of
Supply
Description
Cross‐Border
Supply
(Mode
1)
Consumption
Abroad
(Mode
2)
Commercial
Presence
(Mode
3)
Movement
of
natural
persons
(Mode
4)
Sound
engineering
or
fashion
design
services
supplied
via
the
internet
Activities
like
cultural,
festival,
heritage
tourism
Caribbean
Exports
Low
High
Establishment
of
a
branch,
subsidiary
to
provide
services
Low
Travel
abroad
by
artist
or
band
to
provide
services
e.g:
touring
High
Source:
Nurse
(2009)
9
World
exports
of
creative
services
share
in
creative
exports
grew
faster
than
world
creative
goods
exports
between
2002
and
2008.
They
grew
17.1%
between
2003
and
2008
compared
to
world
exports
of
creative
goods
which
grew
11.5%.
In
2008,
creative
services
accounted
for
31.26%
of
total
creative
exports,
compared
to
23.29%
in
2002.
However,
the
true
value
of
global
creative
services
trade
is
underestimated
and
in
reality,
trade
in
creative
services
is
larger
than
trade
in
creative
goods.
The
invisibility
of
services
trade
makes
measurement,
conceptualization
and
reporting
difficult
in
many
cases.
Payment
for
a
service
is
difficult
to
capture
as
it
is
made
not
based
on
the
transfer
of
a
physical
good
(such
as
a
CD),
but
for
a
service
rendered
(such
as
a
performance
of
a
song).
Creative
services
trade
is
therefore
both
poorly
documented
and
poorly
disaggregated,
as
some
countries
report
data
for
some
services
sectors
and
not
for
others.
In
some
studies
unofficial
data
sources
from
professional
associations
and
limited
surveys
are
used
in
order
to
capture
the
missing
data/to
fill
data
gaps.
The
scenario
is
much
the
same
for
CARIFORUM
countries.
The
creative
services
related
data
included
in
national
balance
of
payments
varies
across
the
Region.
A
majority
of
countries
in
CARIFORUM
include
data
on
royalties
and
license
fees
in
their
balance
of
payments,
while
just
over
half
provide
such
data
for
computer
and
information
services.
In
contrast,
only
a
quarter
of
CARIFORUM
countries
include
data
on
advertising,
market
research
and
public
opinion
polling.
Fewer
still
include
data
on
personal,
cultural
and
recreational
services;
audio‐visual
and
related
services
and
architectural,
engineering
and
other
technical
consultancy.
Table
2:
%
of
CARIFORUM
Countries
Reporting
CI
Related
Information
in
BOP
%
of
CARIFORUM
Countries
53
61
25
6
22
11
Cultural
Industries
Related
Information
in
BOP
Computer
and
Information
Services
Royalties
and
License
Fees
Advertising,
market
research
and
public
opinion
polling
Architectural,
engineering
and
other
technical
consultancy
Personal,
cultural
and
recreational
services
Audio‐visual
and
related
services
Source:
WTO
The
only
area
for
which
there
is
any
reliable
data
on
creative
services
exports
for
the
Region
is
in
mode
II
activities
(consumption
abroad).
These
include
cultural,
festival
and
heritage
tourism
(Nurse,
2009).
Festival
Tourism
Services
Although
festivals
have
emerged
to
be
an
important
contributor
to
the
tourism
industry
throughout
the
Caribbean,
there
is
a
paucity
of
published
data
on
their
economic
impact
in
the
10
Region.
Only
three
festivals
(Trinidad
and
Tobago
Carnival,
the
St.
Lucia
Jazz
Festival
and
the
Barbados
Crop
Over
Festival)
have
done
exit
surveys
which
provide
quality
data
on
visitor
arrivals
(Nurse,
2003).
What
is
known
is
limited
to
what
has
been
published
by
individual
studies
such
as
Nurse
(2003).
Nurse
(2003)
found
that
festivals
throughout
the
Region
contribute
in
a
significant
way
to
creating
a
strong
demand‐pull
for
visitors
and
boosting
tourism
arrivals
by
either
creating
a
new
tourism
season
and/or
filling
the
void
(see
Table
3).
They
have
also
contributed
to
visitor
expenditures,
airlift
and
hotel
occupancy
rates.
The
best
example
of
this
is
Trinidad
and
Tobago’s
Carnival,
which
is
the
Region’s
largest
and
most
successful
carnival.
As
shown
below,
in
2004,
Carnival
contributed
40,455
of
visitor
arrivals
and
US$28
million
in
visitor
expenditures
to
the
Trinidad
and
Tobago
economy.
The
festival
with
the
next
best
performance
was
the
St.
Lucia
Jazz
Festival,
followed
by
Barbados’
Crop
Over
Festival.
From
a
benefit
to
cost
analysis,
the
festivals
have
contributed
to
a
healthy
return
on
investment
(Nurse,
2003).
Table
3:
Festival
Tourism
Economic
Impact1
Festivals
Year
Arrivals
Visitor
Expenditures
US$m
Trinidad
&
Tobago
Carnival
2004
40,455
28.0
St.
Lucia
Jazz
festival
2000
11,041
14.8
Barbados
Crop
Over
Source
:
Nurse
(2002)
2000
3,485
3.2
Besides
local
festivals,
there
are
several
Caribbean
carnivals
which
take
place
mainly
in
cities
in
the
U.S.,
the
U.K.
and
Canada,
which
have
sizable
Caribbean
diasporic
communities.
As
shown
in
the
table
below,
the
largest
of
these
festivals
is
the
Labour
Day
Parade
(West
Indian
Carnival)
which
takes
in
Brooklyn.
It
is
attended
by
3.5
million
persons
and
nets
over
US$300
million
(see
Table
4).
As
many
Caribbean
performing
artistes
perform
at
these
carnivals,
they
are
also
an
important
source
of
revenue
for
Caribbean
performers.
However,
these
data
are
not
captured.
1
This
data
is
taken
from
K.
Nurse,
Festival
Tourism
in
the
Caribbean,
Inter‐American
Development
Bank,
Washington
DC,
2005.
11
Table
4:
The
Economic
Impact
of
Diasporic
Caribbean
Carnivals
Diasporic
carnivals
Attendance
Caribana,
Toronto
1
million
Cnd$200
million
3.5
million
US$300
million
2
million
Stg£93
million
Labour
Day,
New
York
Notting
Hill,
London
Festival
Expenditures
Source:
Nurse
(2002)
Heritage
Tourism
Services
Heritage
Tourism
is
also
an
important
contributor
to
the
Region’s
tourism
product.
CTO
(2009)
found
that
heritage
tourism
sites
in
the
Region
can
be
classified
into
four
types
as
shown
below.
1.Natural
Attractions:
Refers
to
sites
which
showcase
natural
phenomena,
forest
and
other
nature
reserves,
caves,
botanic
gardens,
marine
parks,
waterfalls,
volcanoes,
and
exotic,
endemic
and
endangered
species
etc.
2.
Cultural/Heritage
Attractions:
Refers
to
displays
of
the
cultural
norms
of
a
destination
for
example
local
festivals,
art
exhibitions,
drama
etc.
and/or
attractions
which
relate
to
the
history
of
the
country,
e.g.
monuments,
colonial
buildings,
indigenous
sites/villages,
archaeological
sites.
3.
Manmade
Attractions:
Refers
to
physical
structures
such
as
monuments,
colonial
buildings,
theme
parks,
sporting
facilities,
gaming
facilities
etc.
4.
Events:
Refers
to
arranged
and
coordinated
activities
over
a
limited
space
of
time.
Examples
include
sporting
events
such
as
cricket
tournaments
and
marathons,
as
well
as
cultural
events
such
as
the
national
carnivals.
Source:
CTO
Study
(2009)
One
of
the
most
successful
heritage
tourism
sites
is
Jamaica’s
Bob
Marley
Museum.
In
2006,
total
earnings
were
US$280,000
for
the
last
fiscal
year
2006,
which
was
a
20%
increase
over
2005
(CTO,
2009).
Performing
Arts
Services
Creative
services
exports
through
mode
4
usually
take
place
through
performance
services,
where
a
performer
from
one
country
performs
in
another
country.
A
report
by
Price
Waterhouse
Coopers
(2005)
estimates
the
world
market
for
the
performing
arts
to
have
generated
$40
billion
in
box
office
revenues
(UNCTAD,
2010).
The
main
markets
are
the
United
States
of
America,
the
United
Kingdom
and
France.
12
However,
there
is
the
lack
of
data
for
the
commercial
flows
of
performing
services
as
these
products
are
intangible.
Few
developing
countries
collect
national
data
on
cultural
performance
and
activities
as
part
of
reporting
(UNCTAD,
2010).
The
only
way
in
which
to
get
this
data
is
usually
through
tax
returns.
However,
with
the
exception
of
professional
entertainers,
this
information
is
not
found
on
their
tax
returns
and
the
Region’s
departments
of
inland
revenue
often
do
not
allow
researchers
access
to
this
kind
of
information.
Therefore,
while
it
is
none
that
the
Region’s
exports
are
performance
services
are
high,
there
is
as
yet
no
way
in
which
to
measure
this.
Creative
Intellectual
Property
The
International
Confederation
of
Societies
of
Authors
and
Composers
(CISAC)
collects
data
on
global
royalty
collections
for
all
of
its
229
authors’
societies
members
from
121
member
countries.
According
to
CISAC,
a
total
of
€7,152
billion
collections
were
collected
by
the
225
CISAC
member
societies
in
2009.
This
represented
a
growth
in
collections
of
1.7%.
Some
63%
of
collections
(€4.48
billion)
were
made
in
Europe.
Latin
America
and
the
Caribbean
accounted
for
3.5%
of
global
shares
of
collections.
Source:
UNCTAD
(2010)
13
Music
accounted
for
the
bulk
of
global
collections,
followed
by
audio‐visual,
visual
arts,
dramatic,
literary
and
others.
Neighboring
rights
collected
by
author
societies
in
2009
were
€42.9
million.
Source:
CISAC
(2011)
In
the
Caribbean,
CISAC
reports
that
in
2009,
a
total
of
€3,300
million
was
collected,
with
the
bulk
(€3,294
million)
being
for
music
and
only
€5
million
for
non‐musical
collections.
14
Figure
9:
Collections
by
Caribbean
Collection
Societies,
2007‐2009
Source:
CISAC
(2011)
Data
collection
for
creative
IP
is
faced
with
several
challenges
due
to
the
intangible
nature
of
IP.
Intellectual
property
rights
(IPRs)
are
increasingly
disembodied
from
material
products
meaning
that
they
are
not
directly
captured
(UNCTAD,
2010).
Moreover,
royalty
collections
are
dependent
on
a
range
of
local
particularities
concerning
collecting
societies
and
national
ratification
of
relevant
conventions
(UNCTAD,
2010).
In
CARIFORUM,
only
61%
of
countries
include
data
in
their
national
balance
of
payments
on
royalties.
Most
data
on
CARIFORUM’s
royalty
inflows
and
outflows
are
collected
by
the
Region’s
collecting
societies.
A
list
of
collecting
agencies
in
the
Region
is
included
in
the
Appendix.
Caribbean
Copyright
Link
(CCL)
is
a
regional
body
comprising
the
Region’s
collecting
agencies.
Membership
in
CCL
Founding
territories
reached
5,344
in
2008.
Gross
licensing
collections
in
CCL
territories
in
2009
were
US$4,000,000.
Payments
to
major
territories
increased
from
US$177,088
in
2003
to
US$752,802
in
2008.
The
major
countries
to
which
remittances
were
sent
were
the
U.S.,
the
U.K.
and
the
Caribbean.
A
major
problem
is
that
many
of
the
Region’s
performing
artistes
and
authors
are
not
members
of
their
national
society,
leading
to
a
circular
flow
of
money
as
royalties
are
sent
back
to
the
Region.
Another
problem
is
that
much
of
the
data
on
foreign
royalty
income
of
the
Region
is
currently
15
unavailable
(Nurse,
2000).
This
problem
relates
largely
to
the
business
practices
of
the
major
collection
societies
in
countries
where
Caribbean
music
is
mostly
played.
Societies
like
ASCAP
and
BMI
only
survey
the
top
2000
grossing
pop
concerts
as
reported
annually
in
Pollstar
magazine
meaning
that
a
significant
number
of
Caribbean
music
in
public
performances
in
the
U.S.
goes
unregistered
(Nurse,
2000).
Similar
to
royalty
flows,
data
on
the
contribution
of
copyright‐based
industries
to
employment
and
GDP
is
scarce
for
many
CARIFORUM
countries.
However,
a
WIPO
study
on
Jamaica
revealed
that
the
copyright
industries
contributes
4.8%
to
the
GDP
of
Jamaica
or
approximately
J$605,030
million,
while
employing
32,032
persons
or
3.03%
of
the
population
(WIPO,
2007).
Figure
10:
Contribution
of
the
Creative
Industries
to
GDP
and
Employment
(%)
Trade
Policy
Context
The
diagram
that
follows
illustrates
the
expansive
range
of
issues
affecting
cultural
industries
and
highlights
the
need
for
close
coordination
of
trade,
industrial,
and
intellectual
property
policy
(Nurse
2008)
16
Figure
11:
Cultural
Industries
and
International
Trade
Source:
Nurse
(2010)
Multilateral
Commitments
Data
on
most
CARIFORUM
countries’
MFN
rates
(both
bound
and
applied)
for
cultural
goods
can
be
found
online
at
the
WTO’s
Tariff
Download
Facility.
This
data
is
disaggregated
by
tariff
line.
Data
for
the
Bahamas
is
not
available
at
the
WTO
as
it
is
not
as
yet
a
WTO
member2.
The
Region’s
bound
rates
for
cultural
goods
tend
to
be
much
higher
than
the
applied
rates.
The
applied
tariff
for
most
cultural
goods
is
0‐20%.
CARICOM
Regime
for
Cultural
Goods
Trade
The
most
comprehensive
study
on
CARICOM’s
regime
for
cultural
goods
for
conducted
by
Silva
(Year?)
on
behalf
of
the
Office
of
Trade
Negotiations
(then
the
Caribbean
Regional
Negotiating
Machinery).
This
study
presents
a
list
of
cultural
goods
on
which
the
Common
External
Tariff
(CET)
has
been
lifted.
This
is
called
the
CET
List
of
Ineligibles.
Many
inputs
into
the
cultural
sector
are
currently
eligible
for
duty‐free
treatment
under
the
CET’s
List
of
Conditional
Duty
Exemptions
(CDEs)
(Silva).
CARIFORUM‐EC
Economic
Partnership
Agreement
The
EPA
replaces
the
trade
provisions
of
the
Cotonou
Agreement,
the
successor
agreement
to
the
Lomé
Convention
which
had
been
in
force
since
1975.
This
market
access
is
significant
as
the
EU
is
the
largest
importer
of
cultural
goods.
For
the
first
time
the
EU
has
made
a
2
The
Bahamas
is
currently
in
the
process
of
accession.
17
comprehensive
offer
in
the
liberalization
of
entertainment
services
(CPC
9619)
other
than
audio‐visual
services
(see
Box
1).
The
EPA
offers
CARIFORUM
countries
unprecedented
market
access
to
the
markets
of
27
European
states,
with
some
limitations
in
two
states,
Germany
and
Austria.
While
these
commitments
take
effect
immediately
for
the
EC‐15,
these
apply
as
of
1
January
2011for
the
EC‐103
and
as
of
1
January
2014
for
Bulgaria
and
Romania
(Nurse,
2010).
Box
1:
EU
Services
Commitments
‐
Entertainment
services
CPC
9619
(other
than
audio‐visual)
96191
‐
Theatrical
producer,
singer
group,
band
and
orchestra
entertainment
services
96192
‐
Services
provided
by
authors,
composers,
sculptors,
entertainers
and
other
individual
artists
96193
‐
Ancillary
theatrical
services
n.e.c.
96194
‐
Circus,
amusement
park
and
similar
attraction
services
96195
‐
Ballroom,
discotheque
and
dance
instructor
services
96199
‐
Other
entertainment
services
n.e.c.
The
area
where
the
CARIFORUM
countries
gained
the
highest
level
of
preference
is
in
terms
of
Mode
4
(movement
of
natural
persons).
The
EPA
provides
for
quota
free
market
access
for
temporary
entry
(for
up
to
six
months
in
a
calendar
year)
by
contractual
service
suppliers
(CSS)4
and
employees
of
these
services
firms.
Market
access
is
subject
to
qualification
requirements
and
economic
needs
tests5.
One
of
the
most
features
of
the
treatment
of
culture
in
the
EPA
is
the
Protocol
on
Cultural
Cooperation.
A
similar
Protocol
has
been
included
in
the
recently
concluded
EC‐Central
America
Association
Agreement.
The
Protocol
on
Cultural
Cooperation
in
the
EPA
provides
the
framework
within
which
the
Parties
are
to
cooperate
for
facilitating
exchanges
of
cultural
activities,
goods
and
services,
including
inter
alia,
in
the
audiovisual
sector.
3
Cyprus,
Czech
Republic,
Estonia,
Hungary,
Latvia,
Lithuania,
Malta,
Poland,
Slovak
Republic
and
Slovenia.
4
Under
the
EPA
chapter
on
Services,
Contractual
Service
Suppliers
(CSS)
are
defined
as
follows:
Natural
persons
of
the
EC
Party
or
of
the
Signatory
CARIFORUM
States
employed
by
a
juridical
person
of
that
EC
Party
or
Signatory
CARIFORUM
State
which
has
no
commercial
presence
in
the
territory
of
the
other
Party
and
which
has
concluded
a
bona
fide
contract
to
supply
services
with
a
final
consumer
in
the
latter
Party
requiring
the
presence
on
a
temporary
basis
of
its
employees
in
that
Party
in
order
to
fulfil
the
contract
to
provide
services.
5
The
main
criteria
for
economic
needs
tests
will
be
the
assessment
of
the
relevant
market
situation
in
the
Member
State
or
the
region
where
the
service
is
to
be
provided,
including
with
respect
to
the
number
of,
and
the
impact
on,
existing
services
suppliers.
18
In
addition
the
Protocol
aims
to
facilitate
the
implementation
of
cultural
policies
that
protect
and
promote
cultural
diversity,
collaboration
with
the
aim
of
improving
the
conditions
governing
exchanges
of
cultural
goods
and
services
and
to
redress
the
structural
imbalances
and
asymmetrical
patterns
which
may
exist
in
such
exchanges.
The
EU
is
without
doubt
the
largest
market
for
world
creative
industries
exports.
In
2009,
the
EU‐27
exported
more
cultural
goods
to
the
rest
of
the
world
than
it
imported,
recording
a
trade
surplus
of
around
EUR
1.9
billion
(EUROSTAT,
2011).
However,
there
is
currently
no
data
on
CARIFORUM
countries’
creative
goods
and
services
trade
with
the
EU.
Therefore,
it
will
be
challenging
for
the
Region
to
assess
whether
the
provisions
of
the
EPA
has
led
to
increased
creative
industries
exports
to
the
EU.
The
EU
has
provided
funding
for
several
cultural
programmes
in
ACP
countries
under
its
European
Development
Fund
(EDF).
The
table
below
shows
this
funding.
Table
5:
Funding
for
Cultural
Programmes
–
Combined
up
to
9th
EDF
Programmes
Budgetary
Funding
(Euro)
Instruments
Cinema
NIP;
RIP;
T‐ACP
15,450,000
Heritage
NIP;
RIP
24,205,000
PSICD
NIP
16,195,000
Events
in
Europe
T‐ACP
5,950,000
Events
in
ACP
Countries
NIP;
RIP;
T‐ACP
5,413,000
Regional
coordination
RIP
12,265,000
projects
Various
national
projects
NIP
4,483,000
Two
Projects
supporting
n.a
15,000,000
the
film/audiovisual
sector
and
cultural
industries
TOTAL
116
projects
98,961,000
Notes:
EDF:
European
Development
Fund;
NIP:
National
Indicative
Programme;
RIP:
Regional
Indicative
Programme;
T‐ACP:
“Tous
ACP
(All
ACP)”
fund.
Source:
Updated
from
Nurse
(2010)
as
derived
from
Ricardo
Gambini
(2002),
“Cultural
Industries
and
the
ACP
Countries:
Problems,
opportunities
and
cooperation”.
ACP‐EU
Courier
No.
194.
19
Challenges
facing
CARIFORUM
CSOs
It
has
been
shown
that
the
creative
industries
do
have
an
economic
impact
on
the
economies
of
CARIFORUM
countries.
However,
the
lack
of
reliable
or
disaggregated
data,
particularly
for
creative
services,
means
that
much
of
this
contribution
is
underestimated
or
undocumented.
CARIFORUM’s
CSOs
face
several
challenges
in
collecting
data
on
the
cultural
industries.
Firstly,
the
task
of
collecting
data
is
costly.
Given
their
relatively
small
budgets,
it
is
difficult
for
CSOs
to
justify
devoting
resources
to
collecting
and
analysing
data
on
this
new
area.
In
some
cases,
the
data
may
already
be
collected
but
CSOs
may
not
be
trained
in
recognising
which
sectors
form
part
of
the
creative
industries.
This
is
compounded
by
the
fact
that
there
is
no
standard
way
of
defining
and
measuring
the
creative
industries.
Additionally,
the
varying
methodologies
used
by
the
Region’s
CSOs
make
data
comparability
difficult
or
impossible
in
some
cases.
Consequently,
for
some
countries
and
some
sectors,
one
has
to
rely
on
data
collected
by
collection
agencies
and
by
some
independent
studies
for
organizations
which
are
not
always
publicly
available.
The
net
result
of
these
data
shortages
is
that
the
creative
industries
sector
in
CARIFORUM
remains
unappreciated
which
poses
problems
for
strategic
policy
making
for
the
sector.
Without
reliable
data
of
the
contribution
and
potential
of
these
industries
for
growth
and
development,
it
is
difficult
for
policy
makers
to
legitimize
resource
allocations
to
the
sector.
Recommendations
There
is
no
one‐fits‐all
recipe
for
solving
the
Region’s
data
problems.
However,
the
first
step
should
be
strengthening
the
capacity
of
statistical
offices
in
data
collection
and
strengthening
Intellectual
Property
(IP)
institutions
to
facilitate
the
accrual
of
the
value
of
CI
arising
from
embedded
IP
in
creative
products.
This
includes
training
as
well
as
increased
financial
resources
to
these
offices
to
facilitate
these
activities.
There
is
also
the
need
for
a
more
uniform
methodology
for
defining
and
measuring
the
creative
industries
which
would
make
data
collection
easier.
There
could
also
be
the
introduction
of
creative
satellite
accounts
(CSAs).
Some
studies
have
already
sought
to
map
the
creative
industries.
A
notable
example
is
the
Creative
Industries
Exchange
www.creativeindustriesexchange.org,
an
outreach
initiative
of
the
Shridath
Ramphal
Centre
which
seeks
to
map
the
contribution
of
the
creative
industries
to
the
Region.
20
Governments
need
to
increase
support
(both
budgetary
and
policy‐wise)
for
the
creative
industries.
More
specifically
in
this
context,
they
should
provide
adequate
resources
to
the
National
Statistical
Offices/Departments
to
put
in
place
relevant
mechanisms
that
would
allow
sustainable
measurement
and
analysis
of
activities
in
the
creative
industries
sector
at
the
national
and
regional
levels.
Governments
should
also
provide
leadership
in
encouraging
greater
collaboration
among
development
partners
and
other
stakeholders
in
their
interventions
to
support
national
and
regional
efforts
to
strengthen
the
data
infrastructure.
They
should
also
design
integrated
and
cohesive
policies
to
support
the
development
and
expansion
of
the
creative
industries
and
to
take
advantage
of
current
opportunities
in
the
multilateral
trade
environment.
There
is
the
need
to
implement
policies
that
would
enhance
and
sustain
the
value
of
creative
product.
21
References
CCL
(2010).
CCL
Report
2009.
CCL:
Port
of
Spain,
Trinidad.
CISAC
(2011).
Global
Economic
Survey
of
the
Royalties
Collected
by
the
CISAC
Member
Authors’
Societies
in
2009.
Retrieved
from
http://www.cisac.org/CisacPortal/consulterDocument.do?id=20585.
CRNM
(2007).
The
Cultural
Industries
in
CARICOM
Trade
and
Development
Challenges.
Retrieved
from
http://www.crnm.org/documents/cultural_industries/Cultural_Industries_Report_Final_Jan07.
pdf.
EUROSTAT
(2011).
Cultural
Statistics.
Eurostat
Pocketbooks.
Retrieved
from
http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS‐32‐10‐374/EN/KS‐32‐10‐374‐EN.PDF.
James,
V.
(2007).
The
Economic
Contribution
of
Copyright‐Based
Industries
in
Jamaica.
Retrievable
from
http://www.wipo.int/ip‐development/en/creative_industry/pdf/1009E‐3.pdf.
Nurse,
K.
(2010).
The
Economic
Partnership
Agreement
and
the
Creative
Sector:
Implications
and
Prospects
for
CARIFORUM.
Unpublished.
Nurse,
K.
(2008).
Development
of
a
Strategic
Business
Management
Model
for
the
Sustainable
Development
of
Heritage
Tourism
Products
in
the
Caribbean.
Caribbean
Tourism
Organisation.
Nurse,
K.
(2003).
Festival
Tourism
in
the
Caribbean,
Inter‐American
Development
Bank,
Washington
D.C.
Nurse,
K.
(2002).
The
Cultural
Industries
and
Sustainable
Development
in
Small
Island
Developing
States.
UNESCO.
Nurse,
K.
(2000).
Copyright
and
Music
in
the
Digital
Age:
Prospects
and
Implications
for
the
Caribbean.
Social
and
Economic
Studies.
49.1.
(2000):
53‐81.
Silva,
S.
(Year
not
indicated
on
paper).
The
Design
and
Impact
of
an
Exemptions
Regime
for
the
CARICOM
Cultural
Industries.
Prepared
for
the
CARICOM
Regional
Task
Force
on
Cultural
Industries.
Smith,
E.
&
Young‐Marshall,
A.
(2006).
Trade
Liberalisation
and
the
Cultural
Industries
in
Barbados
in
light
of
Negotiations
for
the
CARIFORUM
European
Economic
Partnership
Agreement.
Retrieved
from
http://www.tradeteam.bb/cms/pstt/files/tradeupdates/Trade%20Liberalisation%20and%20the
22
%20Cultural%20Industries%20Sector%20in%20Barbados%20in%20Light%20of%20Negotiations
%20for%20the%20CARIFORUM%20European%20Economic%20Partnership%20Agreement.pdf.
UNCTAD
(2010).
Creative
Economy
Report.
Retrieved
from
http://www.unctad.org/Templates/webflyer.asp?docid=14229&intItemID=5763&lang=1&mode
=downloads.
23
Appendix
List
of
Key
Studies
and
Surveys
of
the
Caribbean
Cultural
and
Creative
Industries
1999‐2011
Countries
Sector/s
Commissioner
Author/s
Jamaica
Music
UNCTAD
Witter
(2002)
CARICOM
Music
and
CRNM
Henry
&
Demas
Entertainment
(2001)
Jamaica,
Dom
Rep,
B’dos,
Music
Caribbean
Export
Development
Nurse
(1999)
T&T,
OECS
Agency
T&T
Audio‐Visual
TIDCO
Paddington
(2002)
OECS
Audio‐visual
Commonwealth
Bully
(2002)
Secretariat
Jamaica,
B’dos,
Dom
Rep,
St.
Festival
Tourism
IDB
Nurse
(2002)
Lucia,
St.
Kitts,
T&T
Source:
CRNM(2007)
24
List
of
Collection
Societies
in
CARIFORUM
countries
Country
Antigua
and
Barbuda
The
Bahamas
Barbados
Belize
Dominica
Dominican
Republic
Grenada
Haiti
Jamaica
Montserratt
St.
Lucia
St.
Kitts
and
Nevis
St.
Vincent
and
the
Grenadines
Suriname
Trinidad
and
Tobago
Collection
Society
Eastern
Caribbean
Collective
Organisation
for
Music
Rights
(ECCO)
PRS
Inc.
The
Copyright
Society
of
Composers,
Authors
and
Publishers
(COSCAP)
Belizean
Society
of
Composers,
Authors
and
Publishers
(BSCAP)
ECCO
SODINPRO
(Dominican
Society
for
Phonographic
Producers)
ECCO
n/a
The
Jamaica
Association
of
Composers,
Authors,
and
Publishers
(JACAP)
Jamaica
Music
Society
(JAMMS)
Jamaica
Copyright
Licensing
Agency
(JAMCOPY)
ECCO
ECCO
ECCO
ECCO
Stichting
Auteursrechten
Suriname
(SASUR)
Copyright
Music
Organisation
of
Trinidad
&
Tobago
(COTT)
Trinidad
and
Tobago
Reprographic
Rights
Organisation
(TTRRO)
25
Cultural
Goods
on
CET
List
of
Ineligibles
HS/CET
2520.10.10
32.08
32.09
32.09
3210.00.10
3210.00.20
3210.00.30
3210.00.40
3214.10.20
3214.10.30
3214.10.40
3814.00.10
4202.11.10
4202.12.10
4202.12.20
44.21
4601.20.00
46.02
4819.10.00
4823.60.00
4823.50.00
4911.99.90
6307.90.20
6307.90.30
6307.90.40
6307.90.90
8519.3
8520.39.00
8524.1
8524.40.00
8524.5
85.28
9206.00.10
9603.40.00
Source:
Silva
Ex
ex
ex
ex
ex
ex
Description
Gypsum
Other
paints
Paints
Varnishes
(including
lacquers)
Water‐thinned
paints
(emulsion
paints
or
dispersion
paints)
Distempers,
dry
Enamels
Other
paints
Painter’s
fillings
Glaziers’
linseed
oil
putty
Other
glaziers’
putty
Thinners
Suit‐cases
and
brief‐cases,
with
surface
of
leather,
of
composition
leather
or
of
patent
leather
Suit‐cases,
with
outer
surface
of
plastics
or
of
other
textile
materials
Brief
cases,
with
outer
surface
of
plastics
or
of
textile
materials
Caskets
and
cases
for
jewelry
or
cutlery,
and
similar
articles,
of
wood;
statuettes
and
other
ornaments,
of
wood;
wooden
articles
or
furniture
not
falling
in
Chapter
94
Mats,
matting
and
screens
of
vegetable
materials
Basketwork,
wickerwork
and
other
articles,
made
directly
to
shape
from
plaiting
materials
or
made
up
from
goods
of
heading
No.
46.01;
articles
of
loofah.
Cartons,
boxes
and
cases,
of
corrugated
paper
or
paperboard
Trays,
dishes,
plates,
cups,
and
the
like,
of
paper
or
paperboard
Other
paper
and
paperboard,
of
a
kind
used
for
writing,
printing
or
other
graphic
purposes
Other
printed
matter
Dress
patterns,
of
other
textile
materials
Flags,
pennants
and
banners
Pin
cushions
Other
made
up
textile
articles
Turntables
(record‐decks)
Other
magnetic
tape
recorders
incorporating
sound
reproducing
apparatus
Gramophone
records
Magnetic
tapes
for
reproducing
phenomena
other
than
sound
or
image
Other
magnetic
tapes
Reception
apparatus
for
television,
whether
or
not
incorporating
radio‐broadcast
receivers
or
sound
or
video
recording
or
reproducing
apparatus;
video
monitors
and
video
projectors
Steel
band
instruments
Paint
brushes
26
Key
Aspects
of
the
Protocol
on
Cultural
Cooperation
Exchanges,
training
and
collaborations
Art.
2
–
Cultural
exchanges
and
dialogue
Art.
4
‐
Technical
assistance
Art.
7
–
Performing
arts
Art.
8
–
Publications
Temporary
movement
Art.
9
–
Protection
of
sites
and
historic
monuments
Art.
3
–
Artists
and
other
cultural
professionals
and
practitioners
Audio‐visual
services
Art.
5
–
Audio‐visual,
including
cinematographic,
cooperation
Art.
6
–
Temporary
importation
of
material
and
equipment
for
the
purpose
of
shooting
cinematographic
films
and
television
programmes
27