Opinion:Uganda must Act now to Protect its Creators in the Digital Age

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Opinion:Uganda must Act now to Protect its Creators in the Digital Age
Opinion:Uganda must Act now to Protect its Creators in the Digital Age

By Joanita Kawalya

Africa-Press – Uganda. I had the honour of participating in the national celebrations to mark World Intellectual Property Day under the global theme “IP and Music: Feel the Beat of IP.

” The event brought together leaders from government and the creative sector, including the Minister of Justice and Constitutional Affairs, Norbert Mao, and the Registrar General (RG), Uganda Registration Services Bureau, Ms. Mercy K. Kainobwisho, and was intended to celebrate the value of creativity.

Yet for many of us in attendance, it became a moment not just of celebration, but of deep reflection and, frankly, frustration.

One particular comment by the RG lingered with me: “Money is coming we…” Though incomplete, those words triggered a wave of emotion.

They reminded me of the long and winding road that many Ugandan creatives, including my own family, have travelled in this industry. My late father, Dada Eclas Kawalya, was among Uganda’s most respected musicians in the 1960s to 1980s.

I have spent over 30 years of my life performing, mainly with The Afrigo Band. Today, my daughter walks the same creative path – full of promise and talent, but facing the same structural barriers that have long hindered our artistic community.

Despite the passion, skill, and cultural value that Ugandan creators bring, few have been able to convert their works into lasting economic security or generational wealth.

The issue isn’t talent it is the outdated frameworks meant to support our industry. While the world around us has gone digital, our protections for creators remain stuck in the analogue past.

At the IP Day celebration, speaker after speaker raised concerns that cannot be ignored: Ugandan artists are underpaid, undervalued, and increasingly undermined by the digital tools that, paradoxically, were meant to expand their reach.

Devices like smartphones, laptops, USB drives and smart TVs enable unlimited copying, storing, and sharing of music, books, and films without the creators ever seeing a coin.

This is the stark reality. People can now access our creative works anytime, anywhere, often without paying anything to those who made them.

Unless our laws are updated to reflect this reality, Uganda’s creative economy will continue to struggle, and many more talents will wither before they blossom.

Access to information is a right. But access without compensation is exploitation, and no one will keep creating without fair remuneration.

Creators need motivation, and that motivation must include financial reward if we are to preserve our cultural heritage and grow our Creative Industries.

That is why countries around the world have introduced the Private Copying Remuneration (PCR) system, a system that ensures that every time a gadget capable of copying or storing creative works is sold, a small fee is collected and channeled back to compensate creators for the revenue they lose through private, unlicensed use of their works.

This is not theoretical; it works:

In 2022, through the PCR system France collected over €273 million, and Germany raises approximately €300 million annually. Senegal, since 2018, has used PCR to support thousands of creators while Algeria, Canada, and Brazil have also seen success with similar mechanisms.

Closer to home, Kenya, Tanzania, Malawi, and Ghana already have PCR embedded in their copyright laws. These countries are seeing their creative industries revitalised, becoming more attractive to investors, and sustainable.

Uganda must not lag behind. As a founding member of ARIPO, which recently issued guidance on PCR, Uganda should be taking the lead.

Yet, during the IP Day event, it was disheartening to learn that Cabinet had reportedly rejected the proposal to adopt PCR in the Copyright and Neighbouring Rights Amendment Bill. That decision could cost our creative sector over Shs 68 billion per annum; a missed opportunity to transform lives and uplift families.

We urge government to revisit this urgently and incorporate Private Copying Remuneration into the on-going amendments to the Copyright and Neighbouring Rights Act. For clarity and cultural resonance, we propose using the term “remuneration” rather than “levy” to avoid confusion with taxes.

This is not just a legal reform – it is a moral obligation. Uganda’s creators deserve more than applause. They deserve recognition, protection, and a fair share of the value they generate.

Let us act with urgency and learn from global best practice. The creative economy is not a luxury any more; it is a future worth investing in. And that future must be just. There can never be a better way to celebrate The Afrigo Band’s Golden Jubilee that uplifting the environment in which creatives operate in Uganda.

Source: Nilepost News

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