The Ugandan Copyright and Neighbouring Rights (Amendment) Bill, 2025 marks a significant step in modernising Uganda's intellectual property laws to better protect creators and innovators. Introduced by the Minister for Justice and Constitutional Affairs, Hon. Norbert Mao, the bill aims to strengthen copyright protections, particularly for musicians and artists, ensuring fair compensation for their work. Whilst the bill undergoes parliamentary scrutiny, this article seeks to weigh in on its key aspects and to highlight its potential benefits for musicians and artists.
What does the amendment Bill generally seek to achieve:
- The Bill is intended to amongst other things, domesticate several international copyright treaties that had been ratified by Uganda but not domesticated as required under the Ratification of Treaties Act (Cap 190) and then domesticated by an Act of the Ugandan parliament, which is the current Bill.
- Section 2(b) of the Ratification of Treaties Act gives the Ugandan parliament the power to ratify treaties by way of resolutions. The treaties which the bill seeks to domesticate include the copyright treaties of the World Intellectual Property Organisation such as the Berne Convention for the Protection of Literary and Artistic Works (1886), the World Intellectual Property Organisation Copyright Treaty (1996), the World Intellectual Property Organisation Performances and Phonograms Treaty (1996), the Beijing Treaty on Audio-visual Performances (2012) and the Marrakesh Treaty to Facilitate Access to Published Works for Persons who Are Blind, Visually Impaired or otherwise Print Disabled (2013).
- The Bill intends to provide for the protection of copyright and neighbouring rights in their use and exploitation through the internet, online services, and other technological means; to provide for the management and exploitation of orphan works.
- The Bill also intends to provide for the regulation of exploitation contracts; to streamline the registration of collecting societies with the Registrar.
What are the defects in the current law which necessitated the Bill:
- According to the Bill, due to the passage of time, technological advancements and innovation, changes have occurred in the mode of content creation, distribution and exploitation which were not envisaged in the existing Act.
- The current law, as it is, lacks adequate provision on enforcement mechanisms against online piracy and unauthorised exploitation, clear modes of remuneration of performers and for the regulation and administration of Collecting Societies, among others.
- Enforcement of copyrights and neighbouring rights through civil remedies under the current law is restricted to instituting civil proceedings in the Commercial Court (section 44 (1) of the Act) which limits the scope of the adjudication mechanism for the enforcement of copyrights and neighbouring rights. Thus, there is need to amend the Act to expand the jurisdiction for obtaining civil remedies to the High Court generally and to provide for quasi-judicial processes in dispute settlement related to copyright and neighbouring rights.
What changes does the amendment seek to introduce and what are the benefits:
- The Bill seeks to introduce a 'Caller Ring BACK Tune Royalty Revenue Distribution': 60% to the Author/Performer, 31% to Telecom companies and 8.5% to Aggregators. Benefit: Artists, or creators earn more from mobile monetisation.
- The Bill seeks to introduce 'reversion rights' by requiring a Copyright to expire after 20 years. Accordingly, rights revert to the original author after the 20-year period lapses. Benefit: The creators are protected from lifetime loss of control.
- The Bill seeks to introduce a stronger online protection by criminalising the digital lock circumvention, and enables take-down of infringing content, through online take down notices, and requiring all collecting societies to be registered and regulated. Benefit: Defends creators from digital piracy and platform exploitation.
- The Bill introduces remuneration for every use by requiring mandatory payment to performers/producers each time a work is used and introduces a licensing framework for using works with untraceable holders, known as orphan works. Benefit: The Bill ends the current "one time" payment exploitation.
- The Bill also introduces mandatory written & registered contracts by requiring publishing & performance broadcasting contracts to be in writing and to be registered within 60 days from the date of conclusion. Benefit: Invalidates secret or exploitative deals and guarantees accountability.
In conclusion, the Bill was largely (95%) influenced by the creatives/artistes which explains why the majority of the amendments cater for the music and creative industry as opposed to the other industry players.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
