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The Copyright and Neighboring Rights Amendment Bill

NewsThe Copyright and Neighboring Rights Amendment Bill

The Mawokota North MP, Hillary Kiyaga (aka Dr. Hilda man) previously unveiled and introduced the bill entitled “The Copyright and Neighboring Rights (Amendment) Bill.” before the parliament of Uganda.

Parliamentary nationalistic /art and private member’s bill seek protection of the rights of a composer of literary, artistic, scientific, and intellectual works cognizant that the law as it is, assigns such rights to producers.

In Uganda, copyright and neighboring rights are protected under the Copyright and Neighboring Rights Act, 2006. This legislation governs the rights of creators and other right holders in their literary, artistic, and scientific works, including books, music, films, computer programs, architectural works, as well as the rights of performers, producers of sound recordings, and broadcasting organizations.

Lining on the constitutional arrangements, MP Hillary justified that it is in rule 56 , 121 and 122 of the rules of procedure of the parliament granting him proclaim before the plenary.

Whereas as article 79 of the constitution empowers the parliament to make laws for peace seeking for development and good governance of Uganda, Dr. Hilda Man lamented.

He added, “Article 94 section 4b of the constitution of Uganda rule number 120 and 121 of the rules of procedure permits a member of parliament to move a private member’s bill and well aware that the copyright and neighboring rights act of 2006 is the law that governs the protection of literally, scientific, artistic intellectual works and all their neighboring rights in Uganda and further aware that, since the enactment of the copyright”.

He therefore aimed at the promotion of the act arguing that some aspects of the law have become outdated due to the advancements in the newly re-born technology.

Here are some key points regarding copyright and neighboring rights in Uganda:

Copyright Protection: The Copyright and Neighboring Rights Act grants automatic protection to original literary, artistic, users. No formal registration is required for copyright protection.

The general term of protection for most works is the life of the author plus 50 years after their death. In the case of joint authorship, the term is calculated based on the life of the last surviving author. For anonymous or pseudonymous works, the term is 50 years from the year of first publication.

The Act also recognizes neighboring rights, which provide protection to performers, producers of sound recordings, and broadcasting organizations. Performers’ rights last for 50 years from the year of the performance or, in the case of sound recordings, from the year of publication.

Copyright holders have exclusive rights, including the rights to reproduce, distribute, perform, display, and communicate their works to the public. These rights allow creators to control the use of their works and seek appropriate remuneration.

The Act provides for certain exceptions and limitations to copyright, such as fair dealing for purposes of research, private study, criticism, review, or reporting current events. The Act also allows for the reproduction of works for persons with disabilities.

The Act recognizes the establishment of Collective Management Organizations, which are responsible for administering the rights of copyright holders and negotiating licenses and royalties on their behalf.

The Act includes provisions for the enforcement of copyright, including civil remedies such as injunctions, damages, and account of profits. It also criminalizes certain copyright infringements, which can lead to fines and imprisonment.

In regard, Woman MP and NRM Flag bearer Bugweri Magoola Racheal called for updating and adjustment in the act, protecting the rights of the composers so as to recognize their well-being.

Earlier on this week, following the sadness and commemoration send of the late artistic, comedian and singer Kato Lubwama, the President of the National Unity Platform and the former local artist Kyagulanyi Ssentamu Robert (aka Bobi Wine) advised the local singers and artistic to join their forces renounce the loyalty and ask the government in return o pass the copyright bill.

He therefore suggested, as a way for the artists to get rid of poverty and being beggars to the government, they should instead stick and stand together with their fellow musician and parliamentarian Hillary Kiyaga to protect their rights.

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