Sellers of music and video CDs should mind the law
Mar 21, 2007
THE way music, films and books are sold and used in Uganda gives the wrong impression that these are free and public goods.
By Arthur Mpeirwe
THE way music, films and books are sold and used in Uganda gives the wrong impression that these are free and public goods. We are seeing the mushrooming of CD writing kiosks, rampant duplication and hawking of cassettes with selected songs, makeshift video halls, popular karaoke miming, translation of commentaries in movies, TV and radio broadcasts of works produced by others, playing of music in pubs, restaurants and buses, storing of music on personal computers and photocopying of books. All these suggest “property without an owner†— which is not the case.
These works are owned by persons who have either spent intellectual energy or invested money to create them. They are entitled to earn from their intellectual sweat and investment. The law world over views copyright as private property just like land, vehicles, radios and computers.
A new law, the Copyright and Neighbouring Rights Act 2006 provides protection to copyright owners. It gives the owner of copyright exclusive right to authorise the use of his/her copyrighted works, save for some exceptions such as private use and educational purposes. This means that for anyone to commercially exploit a song or film, they need authority from the owner of the copyright. Unauthorised use is akin to piracy or trespass and at worst theft.
Anybody who, without the owner’s authority, copies a song or film or broadcasts such song or film is not different from someone who builds on land or drives away another person’s car without the owner’s authority.
The new law makes it clear that copyright can be transferred, assigned or bequeathed like other types of property. Transfer may be by way of sale of one’s economic rights to another, while assignment may be by way of giving enforcement function to another person who licenses the users and collects royalties on the owner’s behalf. Therefore, it is not surprising to find, for example, that Kipepewo composed and sang by Jose Chameleon is owned by Lusyn Enterprises, a publishing company, while royalties are collected by Uganda Performing Right Society, a collecting society. Copyright can also be inherited upon death of the owner.
The law does not prohibit use of music or films for business. It only requires users to seek authorisation by way of license or otherwise from the owner or his/her agent, usually a collecting society. Where the rights owner does not authorise copying of his products, the law requires dealers to obtain original copies from his outlets for sale to the public. One should never be tempted to make copies for distribution.
The law makes it an offence to commercially use copyrighted works without the owner’s authority. Upon conviction, the penalty is either imprisonment, a fine or both. In addition, the owner is entitled to compensation through civil courts.
These developments call for new approach to doing business in the music and film industry; to follow the law and to seek owner’s authority and pay royalties/fees/rent for use of their property. In so doing, the music and film industry will grow and become profitable for all players.
Finally, it must be understood that for creators of copyright works to continue engaging in creativity, they need remuneration commensurate with the intellectual effort they spend. This can only be achieved if the users pay royalties, license and fees. Where piracy is as uncontrolled as it is today in Uganda, publishers cannot be able to pay artists realistic fees for their rights because they (publishers) will simply not be able to recover their investment, let alone making any profit.
The writer is an Advocate and consultant on intellectual property and human rights law
THE way music, films and books are sold and used in Uganda gives the wrong impression that these are free and public goods. We are seeing the mushrooming of CD writing kiosks, rampant duplication and hawking of cassettes with selected songs, makeshift video halls, popular karaoke miming, translation of commentaries in movies, TV and radio broadcasts of works produced by others, playing of music in pubs, restaurants and buses, storing of music on personal computers and photocopying of books. All these suggest “property without an owner†— which is not the case.
These works are owned by persons who have either spent intellectual energy or invested money to create them. They are entitled to earn from their intellectual sweat and investment. The law world over views copyright as private property just like land, vehicles, radios and computers.
A new law, the Copyright and Neighbouring Rights Act 2006 provides protection to copyright owners. It gives the owner of copyright exclusive right to authorise the use of his/her copyrighted works, save for some exceptions such as private use and educational purposes. This means that for anyone to commercially exploit a song or film, they need authority from the owner of the copyright. Unauthorised use is akin to piracy or trespass and at worst theft.
Anybody who, without the owner’s authority, copies a song or film or broadcasts such song or film is not different from someone who builds on land or drives away another person’s car without the owner’s authority.
The new law makes it clear that copyright can be transferred, assigned or bequeathed like other types of property. Transfer may be by way of sale of one’s economic rights to another, while assignment may be by way of giving enforcement function to another person who licenses the users and collects royalties on the owner’s behalf. Therefore, it is not surprising to find, for example, that Kipepewo composed and sang by Jose Chameleon is owned by Lusyn Enterprises, a publishing company, while royalties are collected by Uganda Performing Right Society, a collecting society. Copyright can also be inherited upon death of the owner.
The law does not prohibit use of music or films for business. It only requires users to seek authorisation by way of license or otherwise from the owner or his/her agent, usually a collecting society. Where the rights owner does not authorise copying of his products, the law requires dealers to obtain original copies from his outlets for sale to the public. One should never be tempted to make copies for distribution.
The law makes it an offence to commercially use copyrighted works without the owner’s authority. Upon conviction, the penalty is either imprisonment, a fine or both. In addition, the owner is entitled to compensation through civil courts.
These developments call for new approach to doing business in the music and film industry; to follow the law and to seek owner’s authority and pay royalties/fees/rent for use of their property. In so doing, the music and film industry will grow and become profitable for all players.
Finally, it must be understood that for creators of copyright works to continue engaging in creativity, they need remuneration commensurate with the intellectual effort they spend. This can only be achieved if the users pay royalties, license and fees. Where piracy is as uncontrolled as it is today in Uganda, publishers cannot be able to pay artists realistic fees for their rights because they (publishers) will simply not be able to recover their investment, let alone making any profit.
The writer is an Advocate and consultant on intellectual property and human rights law