{Update 6/9/08: Please Note That CHM Compensated Us Earlier this Year for this Incident and so We Hold no Grudges Against Them Now}
A friend of mine by the name of Brendan Walsh and I made a film called “Hans Up, Betelnut or Your Life!” Now just a couple of hours ago CHM played our movie on their show on Hitron’s Channel 9. Now what the fuck is that??!!! Who the hell gave them the right to show our film without getting Authorisation from us? We weren’t advised nor were we paid anything for them using our film.
Haven’t they been the very ones that have been harping on about Intellectual Property, etc. This is them in the National newspaper earlier this year:
“ “Like many APEC economies and Pacific island countries, piracy has plagued the PNG music industry and for CHM, it meant drop in sales,” Mr Kila [Henry Kila, chairman of the Business Council of PNG addressing the 2007 APEC conference in Port Moresby], said.
And for this reason, the company has embarked on a two-tier strategy identifying the importance of copyright protection.
CHM conducted workshops for stakeholders and such efforts provided a reality check to the stakeholders on the challenges piracy brings to the industry.
“Discussions with them showed that it wasn’t just economic loss from piracy, but the linkage to the negative impacts on investing into creativity,” Mr Kila said.
He said the second CHM strategy was proactive engagement with law enforcement agencies in investigating, prosecuting and constructing punitive measures of copyright infringers.”
What a load of crap! And then more recently the attended a Music Copyright summit in Brisbane where they were guest speakers. And then they go leading raids on music like this:
“The Institute of Papua New Guinea Studies was raided after a month-long Chin Hoi Meen (CHM) led-investigation, following reports that the institute was allegedly producing re-recordings of music recorded years ago….
Mr. Chin went on to say “Our concern is for the music industry. There is so many (pirating, duplication, reproduction) in the music industry and we cannot stop it. The musicians depend on the sales of the cassettes,” Mr Chin said, adding that when the cassettes, after recording are sold, a portion of the sale goes back to the artists and if such activities continue, the artists will lose as they will not benefit from the sales“
So where the hell are our royalties, it may be a film but it sure as hell is the same as music. What a bunch of hypocrites. They can expect a letter tomorrow morning from Narokobi Lawyers.

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24 comments
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October 25, 2007 at 10:43 pm
illaine
ain’t that a bitch. Frontin’ and championing intellectual property and they go and do that. SMH. Keep us posted on their response.
October 26, 2007 at 11:28 pm
Emmanuel
Letters have been sent to both CHM and Hitron
October 27, 2007 at 6:46 am
worm
post their reply. will be interesting to see their reaction.
October 28, 2007 at 10:46 pm
mangimosbi
The system can be incredibly effective when “it” wants to and at other times its totally inept.
I reckon your letters will be misplaced.
October 29, 2007 at 2:51 am
Emmanuel
I hear you Mangimosbi, cos no reply from them yet. The gist of my letter is that they must reply to me by Friday. I have demanded that they remove my film and any copies that they may have and that I be compensated for lost revenue as we had been selling the film privately for K20 each.
The other thing is that the film has been shown in Berlin and on the 27th it will be shown in Hawaii so because of the international exposure it is getting we do not want any other media companies with copies. The main reason being that we want to strategise properly how to sell the film, especially if we go ahead with sequels to it.
October 29, 2007 at 3:22 am
Rex
Manu
This is quite interesting. I am sure CHM should have asked yur permission before they aired it on Hitron. I tell you what. Instead of charging them K20, find out how many customers Hitron has and multiply that by K20.
If Hitron has 50,000 customers. 50 000 x K20 = K1, 000 000.00
I think that will do wonders!!
October 29, 2007 at 3:38 am
Emmanuel
Rex, you’re on the ball there…you will then understand how much I have asked for compensation.
October 29, 2007 at 3:51 am
Rex
Manu
If the figure is somewhere around what I just qoute. I would understand. I hope there is a deadline and interest also calculated after the deadline
October 29, 2007 at 3:57 am
Emmanuel
Well Rex, not as high as K1m, but enough to show that we’re serious. They have to reply by Friday or else we will begin with legal proceedings.
October 29, 2007 at 11:59 am
Spowf
woooooooooooo hooooooooooooooo (sirens in the background)
How exciting!!
October 30, 2007 at 7:45 am
dreamzmedia
sue, sue sue!
sue their ass.
November 1, 2007 at 3:05 am
Ms Dee
I agree with dreamzmedia. You need to move fast to stop further distribution and unauthorised viewing. I’d get an injunction asap.
Its a shame this happened. I mean, if they wanted to distribute your film, all they had to do was contact you and negotiate an agreement with you. Though I wouldn’t advise that either, I am not sure that their conditions are all that good.
If my recollection is correct, CHMs actions breach your reproduction, economic and moral rights. I say sue them for all they are worth. Its disgusting that a large organisation like CHM would stoop so low as to air a movie to which they have no rights to; rights which they advocate in their industry and yet act contrary to. Bloody double standards… Sue them and let us and the media know when the hearing’s on…
November 1, 2007 at 4:59 am
Emmanuel
Thanks Dreamzmedia and Ms Dee, I am preparing the injunction. I still have not heard from them and tomorrow is the deadline.
November 1, 2007 at 9:58 pm
Rex
So deadline today right
Let us know when the hearings will be. Will make sure we make so much noise their ear drums will hurt!!
November 2, 2007 at 4:14 am
dreamzmedia
yeah, let the press know too about this.
Oh what shame!
November 3, 2007 at 12:28 am
Volz
Damn! Where are all those foreign correspondents when you need them? The whole world needs to hear about this!!
November 3, 2007 at 7:16 am
Emmanuel
Ok everyone, it’s like this. Yesterday CHM responded (within my time limit of Friday). They said they would comply by removing the tapes and returning all copies that they have. Their excuse was that they were just trying to promote my film, whatever??!!! But they thought that my claim for K50,000.00 seemed to excessive to quantify in terms of a loss in income.
(I will post the letter as soon as I get around to scanning it).
Ok the fact is this:
1. Good that CHM responded and I thank them for removing copies of the film.
2. However I need to know if CHM pays to be on Hitron or Hitron pays them to be on their MMDS service. If it is the case that CHM pays Hitron then I can leave it there, but I will still want to see them pay me some money as punitive damages (like some punishment so they know never to do it again). If it is the case that Hitron pays CHM, then I need to know how much and I need to be compensated for that. If Hitron goes to all the trouble of paying for rights to HBO, Discovery Channel etc then they sure as hell should pay for my creative work.
3. Hitron did not respond, so we will now proceed with an injunction against them and also punitive damages as well. (They obviously think it’s not worth their time responding to our petty complaints).
November 6, 2007 at 10:35 pm
kk
E
Whatever the case isnt it extremely ironic that whilst CHM have been pushing for the implementation of copyrgiht laws in the South Pacific, that they should so easily diregard their own failure to respect the rights of other artists in the region who produce and own their own work.
The fact is that the ENTIRE purpose of the Music Copyright summit in Brisbane was to to discuss copyright law in Melanesia. Hello? CHM says that they want what any person who creates and publishes professionally wants – security for their product and the right to negotiate and be renumerated for the reproductin of that work. But it looks like CHM is more interested in protecting their own rights than respecting those of others.
If CHM promoted the single basic tenet of copyright law – that the use of copyrighted materials without license from the copyright owners, violates the copyright owners’ exclusive reproduction right – then they best respect those same ideals if they also hopw to rely on them.
Trying to get out of it by arguing they were trying to “promote the film”? Smacks entirely of double standards to me.
September 6, 2008 at 1:38 am
JK
It is your Right to throw the book at them….
The have been working with the Police to carry out raids of Asian shops in Port Moresby and Lae removing illegal copies of products for which they hold copyright, then they turn around and do exactly the opposite…
September 6, 2008 at 2:03 am
Emmanuel
Thanks JK, earlier this year they compensated me for their mistake, so I am square with them now. The matter was quickly dealt with and I respect them for that.
October 11, 2008 at 4:41 am
Andy Ayamiseba
Knowing Mr Chin, this must be an error and done by mistake. Since CHM has dealt with it proffesionally, I believe that their intention is genuine.
October 12, 2008 at 9:37 pm
Emmanuel
Yes Andy, quite correct. It was an honest mistake on their part and they sorted me out quickly so no more drama’s here.
October 17, 2008 at 1:38 pm
Stephen
Manu + bloggers,
I believe PNG is ripe for short movie/video productions. There is an abundance of talent in anyone producing a short video/movie and we could air them on one of the cable providers (hitron/nbc, etc) and the audience can text it to vote.
I do short 5 minutes videos/movies as a hobby and I believe that there’s a pool of talent out there that can produce greater clips.
Its a great way of promoting your work and at the same time work alongside CHM or Hitron or NBC.
Email me.. I’d be happy to organize this.
October 19, 2008 at 1:14 am
Emmanuel
Thanks Stephen, okay will do…