When controle and counterfeiting are mutually unaware Quand le controle et la contrefaçon s'ignorent mutuellement |
by Hocine Ziani |
The impunity of the looters of my work reflects with eloquence archaic functioning and lack of seriousness of the National Service of Authors' rights (ONDA) L'impunité des pilleurs de mon œuvre reflète avec éloquence le fonctionnement archaïque et le manque de sérieux de l'Office National des Droits d'Auteurs (ONDA)
A law, if conscience does not take care of it, she is as a music without instrument nor voice: nonexistent. And what does not exist has no power, either of seduction or dissuasion. The law relating to literary and artistic property in Algeria, some people are not unaware of it but infringe it; others neglect her and do not apply it. The first are looters of the work of other people; seconds, alleged protectors of this one.
Everywhere, in the galleries of art, the shops of decoration or on public monuments, the pillage of my work is a bitter official report. However, this one is protected, on paper, by the National Service of Authors' rights, organism to which I am affiliated in Algeria. Problem is that ONDA has never done the job and I I cannot be behind every forger. I am an artist and not a policeman. This last role should be the mission of ONDA. And yet this institution works in an archaic and irresponsible way. My affiliation does not date yesterday. It is in 1985 when I entrusted the protection of my rights to this organism and this day, this alleged defender of royalties recorded the slightest intervention to protect my work. For more than two supporting decades, the bleeding goes on; however the representatives for the ONDA know it, but do it frantically. unless they do not visit the galleries of art and the bookshops. This laxity is intolerable. The forgers increase and ransack without having got worried about it, as though my work had fallen in the public domain. However, I am still there and law exists. But, this one frightens her transgresseurs not at all. It is not any more a consequence resulting from the ignorance of these users without scruples. I remaining quiet that the time when people did not know what they made is past. Communications media, many and accessible, and word of mouth overcame, in my opinion, the lacunas of ignorance. There are not extenuating circumstances anymore as the troublemakers.
The users have different means at their disposition: copy and reproduction. For the young painters, to copy the work of their ainés is in principle a means for appendre to be painted. And yet these young people produce series and trade in it. To meet their needs, they give in in front of the request of some disrespectful traders of rules. They become so illegal copyists in the service of a corrupting market. They put on in gears: they offer their production in galeristes; these last find the customers and become so in their turn limited partners.
More serious still is reproduction. A printer who presses simply on the button of a machine to flood the market, the gravity of its act is multiplied by the number of the printed copies. He makes the industry of counterfeiting and causes a large-scale attack.
Counterfeiting is an offence which is recovering from the criminal. I do not understand how these people play with the fire; they put their reputation and their firm in danger. But, as long as sanction does not fall on the head, they will still continue thinking that everything is allowed. Whatever is case, the users of the picture of my writings have to submit to law and make things in legality. A request of permission is the only solution not to have troubles with justice. In close future, I will load a team of agents who will discover the careless, and it will be paid for these last. Because, any use made without the agreement of the author will constitute an act of counterfeiting and will be liable by consequent judicial proceedings. |
