Uganda: Broadcasters Copyright Compliance 5%, New Law Boosts Penalties

• Only 5% of Uganda's over 300 broadcasters comply with copyright licensing requirements, contributing to significant revenue loss for the creative industry.
• The Uganda Performing Right Society (UPRS) reports widespread non-compliance among various businesses using creative works.
• Uganda's amended copyright law now imposes severe penalties for infringement, including up to 10 years imprisonment or a Shs50 million fine.
• Enforcement is hindered by a lack of government-appointed copyright inspectors and general ignorance about copyright law among both creators and users.
• The UPRS supports artists by helping them demonstrate the value of their work for financial access, despite facing resource constraints and inherited arrears.

Under the provisions of the new Uganda copyright law amendment penalties, individuals convicted of copyright infringement now face the prospect of imprisonment for up to 10 years or a substantial fine of up to Uganda Shs50 million.

Uganda's vibrant creative industry continues to face significant revenue losses due to rampant copyright infringement, with a staggering 95% of broadcasters failing to comply with licensing requirements. The Uganda Performing Right Society (UPRS) reports that out of more than 300 broadcasters operating in the country, only approximately 5% adhere to copyright regulations. This low level of Uganda broadcasters copyright compliance 5% extends beyond just broadcasters to a wide array of businesses, including bar owners, hoteliers, salons, and gyms, all of whom utilize creative works without proper authorization or payment.

Martin Nkoyoyo, the board chairman of the Uganda Performing Right Society (UPRS), has publicly urged for greater adherence to copyright laws, highlighting the pervasive issue of creative works being exploited without due compensation. The current situation underscores a systemic challenge where the creators of music and other artistic content are deprived of their rightful earnings, impacting the sustainability and growth of the entire creative ecosystem in Uganda.

This widespread non-compliance represents a substantial financial drain on artists and rights holders, hindering their ability to invest further in their craft and contribute to the national economy. The UPRS, as the primary body tasked with managing and enforcing these rights, faces an uphill battle in ensuring that the value of creative output is recognized and remunerated across the nation.

A key factor contributing to historically low compliance rates was the perceived weakness of previous legislation, which featured non-punitive penalties that failed to deter copyright infringement effectively. However, the legal landscape has recently undergone a significant transformation with the amendment and gazetting of Uganda's copyright law. This updated legal framework introduces substantially more severe consequences for offenders, aiming to compel greater adherence to intellectual property rights.

Under the provisions of the new Uganda copyright law amendment penalties, individuals convicted of copyright infringement now face the prospect of imprisonment for up to 10 years or a substantial fine of up to Uganda Shs50 million. This dramatic increase in punitive measures is intended to serve as a powerful deterrent, encouraging businesses, including those requiring broadcaster licensing requirements Uganda, to secure proper licenses for the creative works they utilize. The UPRS chairman believes these strengthened penalties are robust enough to significantly improve compliance.

Despite the enhanced legal framework, enforcement remains a critical challenge. The absence of dedicated copyright inspectors, who are meant to be government-appointed, has hampered the UPRS's ability to actively police and enforce copyright. Government officials have indicated that the delay in appointing these inspectors was due to awaiting the finalization of the amended law and the subsequent development of necessary guidelines and regulations, a process that has involved ongoing consultations.

Beyond legislative and enforcement hurdles, a significant barrier to compliance is a pervasive lack of understanding regarding copyright principles among both creators and users of artistic works. Many individuals, including those within the creative industry copyright infringement Uganda impacts, often make pronouncements about copyright without fully grasping the intricacies of the system. This widespread ignorance necessitates concerted efforts to educate all stakeholders on their rights and responsibilities.

The Uganda Performing Right Society (UPRS) acknowledges its crucial role in sensitizing both its members and the broader public. However, such educational initiatives require substantial resources, which are often constrained by the limited collections the society currently manages. The UPRS faces ongoing financial pressures, needing funds for office maintenance, staff salaries, taxes, and other statutory obligations, even as it strives to fulfill its mandate.

Despite these challenges, the UPRS plays a vital role in supporting artists beyond mere royalty collection. It helps establish a system through which creatives can demonstrate the economic value of their works. For instance, royalty statements can serve as crucial evidence for financial institutions when artists seek loans under government financing programs, proving their earning potential and ability to repay. While the UPRS recently received a Shs1 billion grant from the Government of Uganda, this amount is deemed insufficient to address all its needs, especially considering the society inherited nearly Shs1 billion in arrears. Furthermore, the distribution of royalties is performance-based, not an equal division among its 4,500 members, a point often misunderstood by artists who complain about receiving insufficient payments.

Lawyers advising broadcasters and businesses in Uganda that utilize creative works must urgently assess their clients' copyright licensing and compliance, given that the recently amended law now imposes significantly harsher penalties (up to 10 years imprisonment or Shs50 million fine) for infringement, creating a substantial new compliance exposure despite current low enforcement rates.

Source: Original reporting via The Independent