The Uganda Law Reform Commission is undertaking review of the Copyright and Neighboring Rights Act, 2006. The review is intended to address the gaps and challenges faced in implementation of the law and address emerging issues.
Copyright exists to incentivise authorship, with the prospect of economic reward to rights holders. Copyright and neighbouring rights protection in Uganda is regulated by the Copyright and Neighbouring Rights Act, No. 6 of 2006. The Act provides for protection of literary, scientific and artistic intellectual works, computer programs, electronic data banks and their neighboring rights.
Since enactment of the Act in 2006, there have been several developments that require attention. Uganda has ratified several international instruments that create obligations with which Uganda must comply. Technological innovations have changed world economies by reducing the cost of copyright content creation, distribution and discovery. Some of the technological developments were not anticipated by the current Act. Further, there are emerging issues in copyright protection that require to be addressed if protection is to be strengthened.
The overall objective of the study is to review the Act and make recommendations for reform. The specific objectives of the study are to: -
a) explore the gaps in the existing law;
b) explore the challenges faced in the implementation of the Act in its current form;
c) identify emerging issues and technologies that affect the law and copyright protection generally;
d) undertake comparative study of regional, international instruments and legislation of relevant jurisdictions to borrow best practices; and
e) make proposals for reform of the law.
The review intends to: address the gaps and challenges faced in the implementation of the law; strengthen copyright protection; enhance enforcement of copyright infringement and piracy; address technological challenges affecting copyright protection; enhance the remuneration of copyrights holder, improve access to copyrighted materials; and streamline the administration and enforcement of copyright.
The Commission has prepared an issues paper that puts forward issues and proposals for reform. The Issues Paper identifies and puts forward issues and proposals for reform, that include the need to amend the law to:
- domesticate the provisions of international copyright treaties such as WIPO Copyright Treaty, the Berne Convention on the Protection of the Literary and Artistic Works, The Beijing Treaty on Audio-visual Performances, 2012, WIPO Performances and Phonograms Treaty, the Marrakesh Treaty to Facilitate Access to Published Works for Persons, who are Blind, Visually Impaired or Otherwise Print Disabled;
- strengthen the enforcement and compliance with copyright protection.
- introduce private copying levy on gadgets that can be used to store, copy or transfer copyrighted works as an incentive to copyright holders;
- create new offences with stringent penalties that deter copyright infringements;
- provide for an independent government agency to strengthen copyright administration and enforcement;
- provide for adequate legal protection and effective legal remedies that prohibit the circumvention of effective technological measures;
- provide for the regulation of use and exploitation of copyrights through internet, or any other technological means;
- remove latent errors;
- strengthen mechanisms for resolving copyright relate disputes and complaints
- streamline and strengthen governance and accountability for Collective Management Organization; and
- provide for payment of equitable remuneration and royalties to performers of audio-visual work and producers of phonograms.
The Issues Paper has been subjected to consultations with key stakeholders in the copyright sector who included government agencies, members of parliament, persons in the creative industry, collective management organizations, copyright content users, law enforcement agencies.
REVIEW OF THE COPYRIGHTS AND NEIGHBORING RIGHTS ACT -ISSUES PAPER
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