Professional Documents
Culture Documents
IN UGANDA
Presentation made at the “National Seminar On The TRIPS Agreement”
held at the Imperial Royale Hotel Kampala, on February 23 – 24, 2010.
BY
James Wasula
General Secretary, Uganda Performing Right Society
1. Introduction
3. Statutes
In general terms a "copyright" is an intangible, incorporeal right
granted by statute to the author or originator of certain literary or
artistic productions, whereby she is invested, for a specified
period, with the sole and exclusive privilege of multiplying copies
of the same and publishing and selling them.
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Copyright protection is governed by the CNRA legislation. The
current Act was enacted in 2006 and became effective on August
4, 2006. The CNRA repealed the 1964 Act and all rights that
existed immediately before the repeal of the Act shall be
enforceable under the CNRA as if it was in force at the time of the
creation of that work (S84).
4. Copyright Protection
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(d) Authorship: The CNRA defines AUTHOR as “the physical
person who created or creates work protected under section 5
and includes a person or authority commissioning work or
employing a person making work in the course of employment”
The CNRA enumerates nine categories of works that qualify for
copyright protection.
This is not an exclusive and exhaustive list since any other work
that satisfies the four basic principles previously discussed
(fixation, idea-expression, originality and authorship) may also
qualify for copyright protection. Section 5 of the CNRA defines
these nine categories.
(a) For a natural author, the duration is for life and 50 years
after her death;
(b) In respect of joint authors the duration is until the death of
the last surviving co-author, and 50 years thereafter;
(c)For an anonymously published work or under a pseudonym,
the duration is 50 years from the date of the work’s first
publication;
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(d) In case of audiovisual work, sound recording or broadcast,
the duration is 50 years from the date of making the work
available to the public;
(e) For computer program, the duration is 50 years from the
date of making available the program to the public; and
(f) In case of photographic work, the duration is 50 years from the
date of making the work.
Moral rights are protected in perpetuity.
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(b) Adaptation: The adaptation right is an exclusive prerogative
of a copyright and essentially permits the transformation of a
work into another form. The Act refers to this as the right to
prepare "derivative works." A "derivative work" is a work that is
based upon one or more pre-existing works, such as a
translation, musical arrangement, dramatisation,
fictionalisation, motion picture version, sound recordings, art
reproduction, abridgment, or any other form in which a work
may be recast, transformed or adapted.
(c)Distribution: The distribution right entitles the copyright owner
to distribute copies of the copyrighted work to the public by sale
or other transfer of ownership or by rental, lease, or lending.
(d) Public performance: This right essentially entitles the owner
to perform the copyrighted work publicly. This right can be
limited in order to permit certain educational and non-profit
performances.
(e) Importation: The importation right entitles the owner of a
copyrighted work to prevent the importation into Uganda of
copies of a work that have been acquired outside the Country.
Violation of this right constitutes an infringement of the
exclusive right to distribute copies.
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In terms of employment, Copyright Industries employ about
100,000 people countrywide, with 10 – 12 people employed in
every 1000 in the Central Region and 0 – 1 in 1000 in the
Northern Region, according to a mapping survey commissioned
by the UNATCOM for UNESCO – 2009.
Categorisation
Introduction
In this presentation I will try to identify the main sectors and
economic activities involved in copyright-related activities in
Uganda, giving hints to their estimated share of GDP, the number
of people employed and their participation in trade flows.
Music
Whereas sale of recorded audio music has gone down in urban
centres, there is marked growth in rural areas. The downtrend of
sales in urban areas has been compensated by attendance of live
concerts, which is phenomenal.
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Audiovisual
Local music VCDs and DVDs and local films dubbed UGAWOOD
have over the years acquired a strong participation in the cultural
industries in Uganda. Although I do not have figures, the
contribution of audiovisual works to the Cultural industries Gross
Product is significant.
Broadcasting
Radios and Televisions occupy an important place in activities
related to copyrights in Uganda today. Most Broadcasters,
particularly radio stations now dedicate about 50% of their airplay
time to local content. This means increased revenue to the sector.
Books
The publishing market is also steadily growing since the 1990s.
The number of local book publishers who have joined in the
business evidences this, coupled with the many printing presses
and the increase in the number of students at all the levels.
Nonetheless, that does not mean Police should not swing into
action to protect rights’ holders.
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That aside, most copyright holders are not yet clear about what is
being protected and how they may benefit from the protection.
9. Way forward
• Line Ministries – Justice and Constitutional Affairs, Gender,
Labour and Social Development, and Tourism, Trade and
Industry need to cooperate to enforce IP laws;
• A comprehensive study should be undertaken to establish the
contribution of the sector to the National economy;
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• Uganda should accede to International Conventions such as
the WIPO Treats, Berne Convention etc.;
• Sector should be given incentives for investments;
• Uganda Registration Services Bureau should urgently appoint
Inspectors;
• Police should establish specialised desks for IP cases just like
it has done for domestic, land, children etc issues;
• Government should offer extensive training to Magistrates and
Judges in IP to keep them abreast with IP matters.
THANKS YOU.
END OF DOCUMENT
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