Music Copyright Law in Uganda

This conflict is a classic example of what happens when companies act without authorization to the detriment of the people they claim to represent, which can lead to bad publicity that damages the image of the entire industry. The idea of founding UPRS as a collecting society to manage musicians` copyrights was born in 1985 by musicians who wanted to advance the cause of copyright management in Uganda. At that time, there was no administrative structure to support artists who wanted to make a living by assigning the copyright of their music to others who had the expertise to create awards, license and effectively supervise anyone who wanted to reproduce, adapt, broadcast and publicly perform their musical works. If you read the standard agreement that Kasiwulira made with musicians at the time, his claim to copyright is justified. However, the agreement also shows that the musician, as well as Kasiwukira and his agents, did not really know what they were dealing with in order to facilitate a good meeting of spirits. This is an essential element for a contract to be considered legal and enforceable. If the Copyright Registrar approves the request for publication in the Official Gazette of Uganda for 60 days and no objection is raised to the registration, a certificate of registration will be issued to the applicant. The challenges of the older generation of artists who made peanuts with their music influenced these market-driven reforms that were introduced to help their heirs like Ykee Benda, who would like to focus on composing better music for his fans and attributing the business aspects. M. Makumbi is admitted to the bar in Uganda. [email protected] When I look at Kasiwukira`s model contract, I still wonder how a music distributor claims everything. Even if he was legally right, the claim is completely immoral. Kasiwukira was the largest music distributor and every musician at the time wanted to get the attention or ear of the Kasiwukira team for a distribution deal.

He paid cash for music and had an impressive network of music merchants across the country. The best-selling artists of the time, including Fred Sebatta and Paul Kafeero, recorded their music at Kasiwukira Studios and it was almost automatic that the distribution of their music would be done by the same entity. It was an enviable privilege to deal with Kasiwukira. If a music video is created, artists are entitled to require that each user who wishes to perform that song with the animated images of the video request and receive a separate license. Under Section 5(1)(b) and (c) of the Copyright and Neighbouring Rights Act 2006, musical compositions, visual works and sound recordings of a single song are legally protected as separate components in Uganda. In 2006, companies like Kasiwukira lost interest in buying music rights due to endemic piracy due to weak copyright protection mechanisms, as sales had declined and it had become difficult to break even. This loss of interest was fueled by the fact that they were used to making huge profits on music sales. The law determines how to obtain copyright or related rights; what may be protected by law; regulates how protected works may be exploited by third parties; the duration of the rights protected by law and creates infringements for infringement of copyright and related rights.

The role of the music publisher is to ensure that songwriters (including the people they commission or employ to create the work) receive remuneration when their compositions are exploited commercially. They usually do this by issuing licenses and earning a commission for it. One of the licenses that can be issued is the license to make a sound recording if the performer or singer is not the songwriter or has not commissioned one. The person (record company) making the sound recording owns the copyright to the sound recording and enters into a music distribution agreement with a distributor who does not have distribution capacity itself. On the part of Kasiwukira and his agents, the general terms of the agreement show that they were either too smart to take it all, or that they were unaware of the various rights under copyright, or both. In any case, it is necessary to resolve the chaos. The form used to apply for registration of an assignment or transfer is set out in Schedule 1 of the Regulations on Copyright and Related Rights, SI No. 01 of 2010. This form is accessible via the website: www.ursb.go.ug/copyrights. The registration fee for registering an order or transfer is Shs 50,000. In an article published Friday, 13.

Wycliffe Tugume, a popular local artist under the stage name Ykee Benda, reportedly criticized the Uganda Performing Rights Society (UPRS) on social media for collecting money from radio stations that broadcast his music and did not transfer anything to him. In his animated message, Ykee Benda complains that he is not a member of the UPRS and that, therefore, this collecting society does not have the right to demand payments from anyone who wants to play his music in public. The terms of a contract between a rightholder and the music collecting society such as UPRS are negotiable, i.e. the parties to such a contract are free to set the conditions for granting authorisation to distribute, reproduce, broadcast, adapt, create a derivative work and perform a member`s work in public. Once such a contract has been signed, the collecting society is required by law to register it with the Registrar of Copyright, whose registered office is located in Kampala, at the Intellectual Property Directorate of the URSB, plot 5 George Street, Georgian House, in order to preserve proof of the transfer or assignment in relation to a particular musical work. The new copyright regime introduced by the Copyright and Related Rights Act 2006 has increased awareness and understanding of copyright. Unfortunately, conventional music distribution has never picked up speed to date, and we are now witnessing the new wave of people like the Kasiwukura estate who want to regain their former glory by taking advantage of the legal provisions of the deals they made in their heyday. This research aimed to identify and analyze the ideal legal protection to encourage, discover and analyze the creator of dance in the development of a creation in the field of dance, and to preserve the concept of legal protection of copyright in the field of dance after the entry into force of Law No. 28 of 2014 concerning copyright. This research is empirically legal.

The technique of collecting legal material is carried out through interviews, questionnaires to respondents and desk studies, i.e. the collection of various documents in the form of primary, secondary and tertiary legal documents. Research has shown that: (1). Dance is part of the copyright associated with various arts and cultures belonging to Indonesians, certainly the dance produced by the consumption of energy, thoughts, time and costs by the creator of the dance, as far as creation is concerned, the State has the protection of the dance creator for art in accordance with Article 40 letter e of Law No.