Putting locks on music piracy

With the Internet, there is an open platform to download all kinds of music without caring about copyright infringement.
Copyright is defined as the exclusive legal right to creative works such as text, paintings, music, computer programmes, sound recording held by one person, which no one else is allowed to use without permission.
In Uganda, the copy right law came into effect in 2006, to protect original creations.
Under the law, only agents who sign contracts with the artistes and pay a specified sum of money to them can sell those artistes’ music to the public.
The law stipulates that those who sell music illegally may be sued and ordered to pay damages to the artiste.
The copyrights law also protects the artiste 50 years after his or her death.

The loopholes
Last week, at the 21st East African Communication Organization Congress of Assemblies, held at the Sheraton Hotel, Kampala a panel discussion brought to light how artistes are losing out financially on their material and how the government loses a lot of money in revenue.

The congress, which brings together regulators, broadcasters and telecommunications organisations to showcase socio-economic benefits identified different factors.
Dick Matovu, secretary general, Uganda Musicians Union (UMU) ,says there is a weakness in the legal framework with inactive laws and ignorance of the artistes about the extent to which they can benefit from their material.

“Most artistes think of immediate benefits that they can get like popularity and do not think about financial protection and ownership of their work during and when they have left the industry,” Matovu says.
During the panel discussion on socio-economic benefits, Peter Muhumuza from the Internet Society Uganda, said it is important for local content that is sourced from local talent to be hosted on local platforms, that way the country can get the benefits such as revenue. Unfortunately, most players in this field are not aware of these laws.
“The concept of copyright does not register to many and there is no provision for the laws to be put in place, the police for example is not trained about copyright laws,” Muhumuza said.

The ideal
For every song download, the artiste is supposed to get paid, however, most of these online sites are not even in the country and taxes they pay go to the countries where the Internet sites are hosted.
Matovu explains that because music is downloaded for free from different online sources, it is the artistes who lose out. He said a recent survey carried out by UMU in more than 36 trading centres in the country showed that people who pirate music collectively fetch more than Shs2.5b.

This, Matovu says, is money which government loses out in form of taxes.
He says this is proof that the sector makes money that unfortunately it never realised because the players do not know their potential.

Enforcement and ignorance of laws
James Wasula, the chief executive officer of Uganda Performing Rights Society, says although anyone has automatic copyright for his original content but the issue comes with the enforcement and ignorance about the laws.
He says that only about 15 radio stations in the country comply with the law and pay artists for their songs. This points back to the issue of the artistes scramble for quick popularity. Most are not bothered as long as they hear their songs being played. Many will not consider payment yet in the long run this hurts them because new songs will come out and theirs will not get air play anymore yet they did not make much when the song was popular.

Matovu says that it is important for creative artists to learn about their right so that they can be able to benefit from their material. This in turn will ensure they will still make money when they have left the industry or even 50 years after they have passed on. He also implores the government to give more attention to the creative industry because without the stringent regulatory framework they lose a lot of money in revenue.

However, one may not fault the artiste s who look at it from the point of to popularising their music a feat that would be hard to achieve if they embarked on individual marketing. International artistes invest heavily in promoting their music through rigorous publicity and advertising and with their music sold in copies which is not the case in Uganda. They are also protected by stringent laws that protect their music from piracy.