Flick flimflam
Bootlegged DVDs invade Indian Country

A vendor at the Gallup Flee Market sells CDs at cheap prices. Bootlegged CDs and DVDs are a common site at the weekly event. If caught bootlegging, federal punishments of up to 10 years and/or a fine of $250,000 may exist. [Photo by Daniel Zollinger/Independent]

By Karen Francis
Diné Bureau

Bootlegged DVDs lay out on a table at the Gallup flee market. Movies such as Bee Movie and P2 DVDs sat on the table. Bee Movie does not have a release date until March 2008 and the Release Date of P2 is not availible. If caught bootlegging, federal punishments of up to 10 years and/or a fine of $250,000 may exist. [Photo by Daniel Zollinger/Independent]

GALLUP — While 2007 has been hailed as a breakout year for films about Navajo with the releases of the films “Mile Post 398” and “Turquoise Rose,” the creative industry is being stifled with the onslaught of illegal bootleggers profiting from the work of filmmakers, musicians and entertainers.

It has become a major problem for retailers, artists and producers around the Navajo Nation — people illegally copying DVDs and compact discs for sale at low prices. The bootleggers have sprung up everywhere from Window Rock to Shiprock to Tuba City. A trip to the Gallup Flea Market one Saturday found more than a dozen vendors illegally selling copies of DVDs and at least four that were selling primarily CDs.

The bootleggers blatantly sold discs at typical prices of $5 each or four for $10. Movies that are still in theaters, including “I Am Legend,” “Enchanted,” “Bee Movie” and “Beowulf” were available, as were recently released DVDs such as “Rush Hour 3,” “The Simpsons Movie” and “Superbad.” One vendor at the flea market had signs that read “Ask for Mile Post 398. We have it.”

All of this is to the chagrin of Navajo businesses and artists, especially filmmakers Shonie and Andee De La Rosa, who produced ”Mile Post 398” utilizing all-Navajo resources and talent.

However, it was a non-Navajo who was selling and profiting from the De La Rosa’s work in Gallup on Saturday. The problem isn’t confined to Gallup, and DVD and CD bootleggers are benefiting from the hard work of others all over the reservation.

As rampant as the problem seems, Lt. Darren Soland with the New Mexico State Police said that complaints about such bootleggers are not common. The last case he could recall was almost two years ago at the Gallup Flea Market.

Lt. Soland said that any law enforcement agency can handle complaints about the sale of pirated DVDs or CDs.

“Any agency can investigate and bring a complaint to the District Office for prosecution,” he said.

However, the city of Gallup police Deputy Chief John Allen said that the Gallup Flea Market isn’t even in the city limits and the city has no jurisdiction there.

A call to the information line for the Gallup Flea Market, which is privately owned by Frank Budick, was answered by a woman identified as Vera.

“We have no control over what individuals sell,” she said upon being asked about the policy regarding sales of illegally copied DVDs and CDs.

She added that at times, law enforcement make sweeps of the flea market. However, there is no regulation regarding such sales.

For the Navajo Nation, when a complaint is received the case is referred to the Navajo Dept. of Criminal Investigations, a separate department from law enforcement that has the authority to investigate federal crimes.

Lt. Tulley Jim with the Navajo Police Dept. said that because the nation does not have any criminal statutes to fight the crime, patrol officers do not handle the complaints.

“Pirated DVDs and CDs are a problem on the Navajo Nation,” he said. “There used to be complaints given to the Navajo Police Districts to investigate this crime but lately has been minimal.”

Public Safety Committee member Edmund Yazzie of Thoreau is hoping that legislation that gives the Navajo Nation police authority to enforce laws pertaining to the illegal sale of copyrighted material will help to solve the problem, at least on the reservation. While Gallup won’t be affected by the bill, he is hoping it will be a deterrent to those who illegally sell copyrighted material.

As a former member of a rock band, Yazzie has had personal experience with this same issue. He found out that an individual was selling his band’s CDs at the flea market and on the Internet. He confronted the individual but nothing could be done.

Winter session agenda
Yazzie is working to get his bill on the Navajo Nation Council’s agenda for its winter session.

“It’s long overdue,” he said.

When the bill comes up before the Council, the De La Rosas are planning to show delegates a documentary illustrating the problem.

For the De La Rosas, their involvement in the fight to end piracy on the reservation began with the release of their film “Mile Post 398.”

“It wasn’t even a day later we started getting e-mails and phone calls that it was being bootlegged,” Shonie De La Rosa said. He added that when he and his wife investigated the situation further, they were astounded by how rampant DVD and CD bootlegging is in the area.

In one incident in Chinle, they found out that 100 copies of their movie had been sold at $5 each within one hour. The De La Rosas sell their DVD for $20 to $25 a piece.

Watching transactions at the Chinle flea market, the two estimated that a DVD bootlegger can make $200 to $400 an hour.

While there were no figures available for all of Navajo, Shonie estimated that the damage could be millions of dollars.

“It’s a multi-million dollar operation on the reservation, but the only ones making money are the bootleggers,” he said.

David Orrock, owner of Hollywood AZ Video ,which operates stores in Piñon and Tuba City, agrees with the De La Rosas and has also advocated for the passage of legislation to curb illegal DVD and CD piracy.

His stores had purchased 200 copies of “Mile Post 398” when it was released, but by the time the stores had them on hand, the movie was already being illegally sold and the marketplace was saturated.

“We still have dozens of copies — the authorized ones — sitting on our store shelves,” Orrock said.

Because of illegal sales of DVDs, Orrock has already had to close one video rental store in Dilkon, and the Piñon store is in danger of closing soon. Orrock said that for the past two years, on most days of the week, two to three bootleggers set up and sell videos for $5 or less, all within sight of the Piñon store.

“These peddlers are boldly and fearlessly stealing and profiting from others’ creative property with a total disdain for the law,” he said.

Loss of jobs
The piracy problem is resulting in the loss of employment and wages on the Navajo Nation, which desperately needs the jobs for its people. Orrock said that in 2006, Hollywood AZ Video paid $100,000 in wages to tribal residents and has paid more than $150,000 in sales tax to the Navajo Nation over the past 10 years.

“Illegal operations are stealing that revenue from possible reinvestment to each community where tax revenues are earned,” Orrock said.

While people like Orrock follow procedures to legally open their businesses and pay wages and taxes, people who illegally sell copies of DVDs and CDs do not follow regulations, sell out of their vehicles and have very low overhead.

“How can the honest business compete?” he said.

In addition to the passage of the law, the De La Rosas believe that education is the answer. Andee said she wants to tell people who purchase the illegal copies to think twice about it.

“Give it a second thought. If they want to support other native entertainers, buy from the artists themselves,” she said.

“Our goal is to educate the people that it’s not OK to steal” she added.

Artists losing
The illegal sale of discs has stifled independent artists, including entertainers such as comedians James and Ernie. For many entertainers, the sale of DVDs and CDs is their livelihood, and now that they are not able to break even on their investments, many artists cannot afford to put out new projects.

“James and Ernie — they make their money off DVD sales, and when it’s illegally sold it hurts them,” Yazzie said. He added that many musicians and artists have approached him in support of the legislation.

“A lot of people keep asking us ‘When are you coming out with the next film?’” Shonie said. “We decided to put our next feature film on hold and tackle this issue instead.”

The financial strain that illegal sales of their movie have caused is especially difficult because the De La Rosas are still paying off the costs for making “Mile Post 398.”

“Until protective laws are passed by the tribe — laws that govern every other community in this great country of creative risk takers — we will not see more movies made about and for our local culture,” Orrock said.

The De La Rosas continue their fight to put an end to illegal piracy, despite getting at least one death threat and frequent mail in support of the bootleggers.

“It’s an easy way to make a buck, and it’s not an honest way to make a buck. We’re the ones who go through all the blood, sweat and tears to get it out,” Shonie said.