Jailed music pirate 'damaged own culture'

Seti Tofaeono copied music by artists such as the Five Stars.

A South Auckland man who made $50,000 a year out of pirated CDs has been sentenced to nine months' jail, believed to be the first prison term for such an offence.

Seti Tofaeono, also known as Vile Felafoai, had the computer equipment on which he burned the illegal CDs confiscated and was ordered to pay $8500 reparation to performers and companies he stole from when he was sentenced in the Manukau District Court yesterday.

The 46-year-old sold the pirated CDs for about $20 when they would normally retail for between $25 and $35. After burning copies, he used photos of the performers on the covers to make them appear genuine and sold them at Avondale and Otara markets.

He was found guilty last month of copying music of various artists, including Samoan band the Five Stars and singer Penina O'Tiafau.

He was believed to have been selling pirated CDs for at least three years.

When police raided Tofaeono's Chapel Downs home last year, they found 1800 CDs in various stages of completion.

The rights to the Five Stars' music was owned by Kiwi Pacific International Records. Judge David Harvey told Tofaeono he had damaged the "cultural heart" of his own community.

"It is particularly sad for Pacific Island music in that the defendant's activities infringed against his own culture," Judge Harvey said.

The sentence was welcomed as a major victory by the Recording Industry Association of New Zealand (RIANZ) which said it sent a clear message that the courts would deal severely with pirates.

"This is a very good win for music in particular and the creative industries as a whole," said anti-piracy director Mark McCall.

Mr McCall said Tofaeono had his own record company so he knew the rules.

The Five Stars, who have been in the music business for 30 years, said they were "disappointed" their hard work had been used for others' personal financial gain.

"It's a blatant disregard for the talent and dedication we have put into building our long-standing, hard-earned reputation in the music industry," said bandleader Afoa Tuuga Stevenson.

The maximum sentence allowed for under the Copyright Act was five years' jail and/or a maximum fine of $150,000. RIANZ estimates illegally copied music CDs and other intellectual property costs the music industry $45 million a year.