The law of copyright and its effects on musical works in Uganda: A critique
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Date
2015-05
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Publisher
Kampala international international: School Of Law
Abstract
Due to the relatively short history of copyright in Uganda, this study of the effects of copyright law on musical works in Uganda was premised on a copyright environment that is slightly removed from the realities of the average Ugandan. The study involves legal and case analysis, review of secondary literature, and impact assessment interviews. Interviews were conducted to help the researcher understand the intentions of the policymakers who craft copyright laws, as well as the impact of the laws on musical works in Uganda. Interviews were conducted with stakeholders representing government, administrators, professionals, users of musical works and music copyright-holders. Perhaps expectedly, the study findings point to widespread lack of knowledge of copyright law by most Ugandans, educated and uneducated alike. Looking at all of the evidence gathered, the researcher concludes that Uganda's copyright law, in spite of the rampant music piracy, is still a regime characterized by limited access to original musical works. And, given that legally some of the practices on which use of musical works in Uganda currently hinges are questionable. It would be concluded that if the provisions in Ugandan copyright law are fully enforced at some point, the resulting situation will likely be a crackdown on music piracy in Uganda. While music copyright-holders are worried about music piracy, they remain aware that legal remedies alone will not solve the problem, given that it is largely the socioeconomic situation, and a general economic scarcity, that is the motivation behind music piracy. This study also found that there exists a unique opportunity to engage Ugandan policymakers on how best to reform copyright law to increase protection of musical works in Uganda. And it must be recognized that any debate on copyright law reform requires the participation of not just users of musical works but also copyright-holders, and requires a nuanced understanding of the copyright holders' value to the system. Some music copyright holders are the only autl1ors of indigenous local music or content, and a legal regime that drives them out of business directly threatens the future production and dissemination of such local content. Awareness of the demands of local media industries, especially musicians, is crucial to growing local content - as this niche is likely to be one of the key drivers of future production and legitimate consumption of musical works in Uganda. Thus, the Ugandan copyright policy debate proposed is one which engages all stakeholders. Finally, it is clear that more awareness of the impact or effects of copyright law on musical works in Uganda is needed among all stakeholder groupings.
Description
A dissertation submitted to the faculty of law of Kampala international university in conformity with the requirements for the degree of bachelor of laws of Kampala International university.
Keywords
Intellectual property, Copyright, Effects, Musical works, Uganda