The copyright bill — not time to dance yet

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WHAT'S UP!

Sometime in the 1980s, the then Minister of Finance, who also happened to be the President of Uganda, Milton Obote, read the budget speech before Parliament. The proposals therein had some landmark provisions, including introducing the strange-sounding ‘Window II’ foreign exchange system. He also announced the ‘floating’ of the Ugandan shilling.

After he said that, there was a moment of silence, then some Members of Parliament began to laugh. Soon, almost the whole house was howling with laughter, as the image of a ‘floating shilling’ tickled them. The more ‘patriotic’ of them started singing the Uganda People’s Congress (UPC) anthem.

But the laughing stopped there as, in a few days, it became clear what the ‘floating shilling’ actually meant. From a fixed exchange rate, the Ugandan shilling’s worth was henceforth to be determined by the market. And everybody was free to buy it at that rate, save for a few who had access to the second window, where it was still fixed.

So, in effect, those patriotic MPs were dancing and singing in ignorance. And the reaction from many in Uganda’s creative industry on the passing last month of the Copyright and Neighbouring Rights Amendment Bill 2025/2026 by Parliament, reminded me of those UPC MPs.

A few were hilarious, as when the president of the Uganda National Musicians Federation, Eddy Kenzo, explained that ‘neighbouring rights’ referred to music from neighbouring countries like Kenya. Or some other dude who broke it down to mean the ‘right’ to ‘copy’.

When presenting the Bill to Parliament, Norbert Mao, the Minister for Justice and Constitutional Affairs, said the bill would ‘strengthen Uganda’s copyright laws, provide better protection for creators and innovators and update the existing framework to address digital exploitation and weak enforcement mechanisms’.

The reactions from creatives more or less echoed what Mao said, including Pallaso, who said “… big win for the music industry. Now we can earn from our work and contribute more to our nation”.

Shebah Karungi said it “… guarantees that when our music is played, artistes are paid.”

Kenzo, before being tasked with explaining what ‘Neighbouring Rights’ meant, said “… Finally we can earn from our works and sweat”.

But none of them explained exactly how creatives will reach that promised land where they earn real money from their efforts. It may seem like 40 years before creatives ever get what they deserve, if it happens at all. Reminders here that Moses, who led the Israelites out of bondage in Egypt, never actually reached the promised land.

First, the Bill has to be assented and signed into law by President Yoweri Museveni. And that is the easy part. Its success will depend on effective implementation, including public awareness, enforcement capacity and collaboration between government agencies, digital platforms and industry players.

And where Uganda is concerned, you really got me at ‘implementation’. Our country’s track record on implementing and enforcing laws is not very impressive, to say the least. Uganda has some very impressive laws on the books and if all were implemented and enforced, the Scandinavian countries would have nothing on us.

But it is the same cacophony that we face, just like much of the music that comes out of this country. For one, for any law (and especially this one) to work, a nation’s systems and institutions must be functional to a high degree of effectiveness and efficiency.

Systems and institutions that use graft as fuel are not known for their effectiveness and efficiency, otherwise taxis would not overload passengers and drive anyway they want; or bodabodas would not be in their own heaven while on the roads. And most of us wouldn’t know what gamba nogu means.

It is difficult to imagine that a system that fails to make taxis stick to their lanes will seek out a certain Mad Tiger from Bukomansimbi and give him his dues.

But, even if the systems were just a little bit functional, there is the inadequate technology, insufficient databases and poor record-keeping. And for it to even have a chance, the government has to pour a lot of money into the Uganda Registration Services Bureau (URSB) to give it sufficient capacity. In a period where many government departments will be faced with budget cuts, it is difficult to see the URSB get the funds it needs to start implementing the copyright law.

Then there is public awareness, which is a very important part of the implementation. Is there any public awareness campaign in Uganda that has ever been successful? But yeah, the money was spent and it ended there. Someone will get the contract, create a few ads on social media and build apartments in Naalya. That’s how we roll in Uganda.

And then again, the digital landscape is rapidly evolving and, before you can say ‘Nobert Mao for Speaker’, parts of the Bill could be obsolete.

But maybe there is a glimmer of hope. Maybe, if creatives really pushed for a clear implementation roadmap, public awareness campaigns and robust enforcement mechanisms, the Bill could be a real game-changer for Uganda’s creative industry.

But I wouldn’t be dancing just yet.