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    Is securing of copyright law the answer to Ugandan artists empty pockets?

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    Is securing of copyright law the answer to Ugandan artists empty pockets?
    • September 6, 2021 • 3 years ago

    Day in day out artist in our local scene keep lamenting about lack of copyright as one of the reasons they are not benefiting from there music. During the surge of this pandemic that is one of there latest cries making most get on wheels to Gulu city to meet General Saale who they term as the listening general. Fruits of these interactions are the different associations and federations that have mushroomed. All this in a bid to set structure in which artists can be group to gain from new avenues like relief funds to mention but a few. Virtual  concerts like the UG connect, weekend party shows on different local stations are among the good attributes of the pandemic through allowing artists to have more virtual performances and not necessarily depend on stage performance or endorsements. But the big conversation still is to end up securing copyright to their music.

    WHAT IS COPYRIGHT?

    This the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

    WHO HANDLES COPYRIGHT IN UGANDA?

    Uganda Performing Right Society. This is a society that was formed in 1985 by authors (mainly musicians) to advance the cause of copyright administration in Uganda. It is registered with the Registrar of Companies as a Company Limited by Guarantee having no share Capital, in other words it belongs to all of its members. UPRS is recognized by the Government as a Collecting Society and it is a Member of the Confederation of International Societies of Authors and Composers ( CISAC ).

    Their mandate is mainly:

    1: register music publishers 

    2: Music licensing 

    3: Royalty distribution

    4: copyright law enforcement

    5:music value

    6: Licensing Tariffs

    The biggest mandate that artists should have most knowledge about is the Royalty distribution.

    The pandemic shook things up further. Without live performances, artists were forced to rethink how they were managing their finances. That led some of them to come up with new strategies to take control of their royalties. Some artists formed their personal websites and selling music directly to their mobile money for example Ykee Benda who has his latest album and music sold of the mpaka records website. Investors  have also quietly moved in, seeing royalties as a new kind of asset. They have been buying out the rights of artists who would rather leave the world of streaming royalties to someone else. This is apparently hidden in the formation of Ugtunes a website and app where one can download local music and artist are paid through this. More aggressive artists have adopted sound boost a platform that tracks an artists songs where they are playing with the aim of collecting royalties the looming question is if they will still get this money.

    “The biggest challenge to the effect of copyright is lack of technical know how of artists on the intellectual property law currently taking shape in the country under their noses,” Derrick Mugabi a music critic asserts. He further says that the country recently hosted a Diplomatic conference for the Adoption of the ARIPO Protocol on Voluntary Registration of Copyright and Related Rights at the Speke resort munyonyo with URSB (Uganda registration services Bureau and ARIPO( African Regional intellectual Property Organisation). The Diplomatic Conference was preceded by Experts bringing together Copyright experts from the 26 ARIPO Member States. 

    The draft Protocol, upon its adoption, will establish a Regional Voluntary Registration of Copyright and Related Rights and create and maintain a Regional Database for Copyright and Related Rights for the ARIPO Member States. This will benefit them in different ways, such as: 

    1: Enhancing an effective and efficient network between the National offices in charge of Copyright and Related Rights and the Regional office

    2: Providing an effective means of presumption as to authorship and or ownership, 

    3: Facilitating commercialization, stimulating more creativity, 

    4: Expanding markets, 

    5: Attracting foreign direct investment 

    6:Facilitating the enforcement of rights.

    Sadly not even one prominent act in the music industry filling up social media with copyright talk attended this conference hopefully officials from UPRS attended and make it public information.

    The amount paid for royalties depends, of course, on the artist. But it’s also related to the type of royalties. The genre of music also matters, with afrobeat artists fetching more than hip-hop and R&B artists, because of the size of the audience for their music.

    Figuring out what to do if you’re an artist or someone who is trying to value the royalties of an artist can be complicated. Streaming has fundamentally altered the economics of music royalties.

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