Parliament has given the Attorney General an ultimatum of 30 days to present a progress report on the proposed reforms in the copyright law, as musicians continue to push for provisions that will ensure they get fair compensation for their works.
The Deputy Speaker of Parliament, Thomas Tayebwa, on Wednesday tasked the Deputy Attorney General to explain why it has taken so long to introduce the proposed amendments. It has been over a year since the House granted leave to Mawokota North MP, Hilary Kiyaga (singer Dr. Hilderman) leave to move a private member’s bill for the amendments.
On Wednesday, a group of musicians including the leadership of the Uganda National Musicians Federation (UNMF) delivered a petition to the Deputy Speaker. The petition contained the aspects that artistes want incorporated in the amended law.
The group that met with Tayebwa and later followed plenary proceedings in the gallery included Jose Chameleone, Sheebah Karungi, Eddy Kenzo, Lilian Mbabazi, Coco Finger, Levixone, Fred Sebata, Anne Kansime, Lydia Jazmine and Geo Steady among others.
In the petition signed by over 100 artistes, they demand that a number of amendments be introduced in the existing copyright law, including revising charges of Caller Ring Back Tunes (CRBTs) to ensure a fair split of venue collected from the CRBTs. Artistes want to retain 60% so that government and telecom companies share the remaining 40%.
They also demand that government imposes a copy levy on devices used in reproduction of copyright-protected works, and that this levy be shared equally between government and copyright holders.
Musicians also want strict measures against broadcasters who pirate content. They want a fine of not less than Shs 5m to be slapped against those convicted of infringing on copyright.
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The petition further demands protection of the rights of artistes in the digital domain and facilitating fair compensation for online use of copyrighted work.
They want adequate capitalization of Collective Management Organizations (CMOs) in order to empower them to carry out licensing, collecting royalties, and enforcement of legal framework on copyright.
As a way of effectively implementing this, the petitioners have asked that a clear and transparent structure for CMOs be established to ensure accountability including regular audits and reporting mechanisms to ensure royalties are distributed fairly and promptly to the rightful owners.
Musicians also want government to register and regulate all third parties (eg telcos and aggregators) involved in the distribution and dissemination of copyrighted content
In a bid to promote local content, they are demanding that broadcasters dedicate 90% of airtime to Uganda music.
They also want government to impose higher charges on publishing licenses for non-Ugandans as a way of empowering the local industry. This, they argue, will promote the use of Ugandan models, actors, actresses and artistes in marketing, advertising, influencing and endorsement of products by companies in Uganda.
Government has also been asked to introduce a clause that requires aggregators of licensed Ugandan intellectual property to be domiciled in Uganda as a condition to operate and ease accountability.
In his submission, the Leader of Opposition in Parliament, Mathias Mpuuga prayed that the Speaker gives timelines to the office of the Attorney General to windup all the remaining stakeholders affected by the copyright law.
“The process of a private member’s bill as you are aware has very serious inordinate challenges which we encountered. However, we were able to have meetings with the Law Reform Commission which under the law is supposed to move these amendments in earnest but were sleeping on the job,” Mpuuga told the House.
“Two weeks ago, I received a copy of a notice from the Solicitor General inviting a stakeholders’ meeting on the same law. Hon. Speaker, I beseech you to give the Office of the Attorney General timelines so that the member (Hilderman) can finally move the bill. That’s the best answer for the industry. You can’t legislate endlessly when you have people losing time, momentum and motivation to create.”
Adding; “This is not only about musicians. It is about writers, poets, comedians, and everyone. We are going to give timelines which we shall go on to monitor religiously to ensure that they deliver upon this bill,” he added.
Mpuuga argued that rather than focus on chasing street vendors for revenue, government ought to focus on the creative industry which is bigger and has the potential to widen the tax base.
In responding to queries on the delayed process, the Deputy Attorney General, Jackson Kafuuzi, said the delay was a result of the processes needed to formulate an effective law.
“I do understand the concerns, but if we are to make a law that satisfies the interests of everyone, we have to do the requisite research, we have to be meticulous and critical at whatever we are doing. I can inform this House that we are on the right track. I can file a report specifically on this particular law in two weeks,” Kafuzi said in his submission.
The Deputy Speaker guided that while the Attorney General expedites the process, the House Committee on ICT should also simultaneously embark on querying the existing loopholes in the CRBTs, among them exploitation and non-payment.
“I want us to handle this petition in two ways. There are issues that are low-hanging fruits for our music industry. These people are losing a lot of money, especially to the telecoms. These ringtones being used and all that, some people are benefitting and some of these musicians are getting zero,” Tayebwa said.
“So, if you are to wait for 6 months of processing the law, they are losing revenue. It’s like running your business and it is just leaking. Someone else taking proceeds out of your business and you’re not earning. For a song which you pay for Shs 200, an artiste ends up getting Shs 70, others nothing.”
In August, the High Court ordered telecom giant, Airtel Uganda, to pay $185,000 (Shs 688m) after it lost a suit in which Jamaican dancehall singer, Konshens, contested the unlawful use of his songs as caller tunes by Airtel.
Court ruled that by using and distributing Konshens’ songs as caller tunes without his consent, Airtel is liable for copyright infringement. The ruling added that the distribution of the songs without remitting the proceeds to the singer amounted to unjust enrichment.
READ MORE: Court orders Airtel to pay singer Konshens Shs 600m for using his songs without permission
On Wednesday, Tayebwa said; “On the issue of content of musicians which is being used and they (third parties) are not paying them, I want the committee on ICT to handle and report back to this House in 3o days.”
He wants the committee to interact with telcos, aggregators and other stakeholders that are utilizing this content, to establish where the problem lies.
Tayebwa also partly blamed Dr Hilderman (the mover of the bill) considering that he did not report the failure of Finance Ministry to give a certificate of financial implication and also failed to table the drafted bill for first reading.
He said a petition signed by 109 artistes cannot be sidelined. Instead, it’s important to hear their voices.
On her part, Terego district Woman MP she pledged to back the amended law, the absence of which she said has affected the strides in Uganda’s innovation space.
“This morning we were looking at innovations in this country, and honestly, we couldn’t proceed due to the lacuna in the copyright Act. I want to agree with you Rt. Hon. Speaker that this should have been done yesterday,”
Geofrey Kayemba (Bukomansimbi South MP) who doubles as the manager for singer Rema Namakula expressed concern over the sluggishness with which the Law Reform Commission has handled the matter. He appealed to the Attorney General to expedite the process, commenting that “the thieves are stealing and the industry is suffering”.
Speaking to reporters at Parliament, Grammy-nominated singer Eddy Kenzo who is also the President of the Uganda National Musicians Federation (UNMF), said Wednesday’s engagement with legislators was a milestone in the quest for a functional copyright law.
“The truth is we as artistes are living in despair. Including the pioneers that came before us. Look at Lord Fred Sebata who is with us here today. When you look at the kind of life he is leading, it is not enviable. If we don’t push for better conditions, the generations that come after us will suffer the same fate,” Kenzo said.
“The revenue share from CRBTs has to be streamlined. at the moment, government takes 50%, telcos take 35%, then the middlemen (aggregators) take 18%. Then the artiste who sits and creates this work ends up getting 1.8%. It’s not fair at all. Me myself, I’m one of the most hardworking people in the industry yet I have never earned anything in the last 8 years. And my music is used as CRBTs even without my permission. We need to be protected.”
Kenzo said the UNMF leadership is ready to interface with the Parliamentary Committee on ICT as guided by the Speaker. He added that after waiting for over one year, the latest directive by the Deputy Speaker feels like light at the end of the tunnel.
The BET award winner said each musician employs a minimum of 10 people, which is indicative of the contribution of the music industry towards solving Uganda’s employment problem.
