Copyright Reforms: What’s happening in Uganda, South Africa & Nigeria?

Sandra Aceng

Sipho Fako

Ceslause Ogbonnaya

Nigeria

Nigerian Copyright Act of 2022

Key changes and provisions:

• Expanded Author's Rights:�The new Act broadens the scope of author's rights, including the right to control the availability and accessibility of their work through both wired and wireless means.
• Digital Copyright:�It specifically addresses unauthorized transmissions of works through various digital platforms, including social media and internet transfers.
• Limitations and Exceptions:�The Act includes provisions for limitations and exceptions to copyright, ensuring access to creative works for purposes like education, research, and private use.
• Freedom of Panorama:�It clarifies the ability to capture and use images or recordings of public spaces, including copyrighted buildings and artworks, for non-commercial, educational, and research purposes.

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Key changes and provisions:

• e. Remuneration for Sound Recordings:�The Act grants performers and copyright owners of sound recordings the right to fair and equitable payment for commercial broadcasts.
• f. Moral Rights:�The new law strengthens moral rights, including the right to object to false attribution of authorship.
• g. Enforcement:�The Act expands the powers of the Nigerian Copyright Commission to effectively enforce copyright provisions and establishes a fund for the Commission's operations.
• h. Marrakesh Treaty Implementation:�It incorporates provisions of the Marrakesh Treaty, facilitating access to copyrighted works for individuals with print disabilities.
• i. Electronic Registration System:�The Nigerian Copyright Commission utilizes an electronic registration system (NCeRS) for copyright registration and payments.
• j. Simultaneous Civil and Criminal Actions:�The Act allows for both civil and criminal actions to be pursued simultaneously in cases of copyright infringement.

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Nigerian Copyright Act of 2022 vs Public good

• Freedom of Panorama (Section 20(1)(e)):�This section of the Act permits the inclusion of artistic works (like sculptures or buildings) that are permanently located in public spaces within audiovisual works or broadcasts. This means if a filmmaker or broadcaster includes footage of a public artwork in their production, they are generally permitted to do so without seeking permission from the copyright holder.
1. Limitations: While Section 20(1)(e) addresses audiovisual works and broadcasts, it doesn't extend the same freedom to still photography or other forms of capturing and sharing images. This means that taking a photograph of a public artwork and sharing it online or in print, for example, might still require permission from the copyright holder.
2. Non-commercial Exception: The Act does carve out an exception for non-commercial, educational, and research purposes. This means that if someone takes a photograph of a public artwork for personal use, or for a non-profit educational project, they may not need to seek permission. However, this exception is narrow and doesn't cover commercial use.
3. Contrast with Previous Act: The 2022 Act clarifies and expands on the previous legislation's limitations on freedom of panorama. The old Act (Cap C28) was less specific about the types of works covered by the freedom of panorama.
4. Impact: The limited freedom of panorama in the 2022 Act can create issues for photographers, artists, and cultural organizations that rely on capturing and sharing images of public art for various purposes.

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Nigerian Copyright Act of 2022 vs Public good

b. The Copyright Act of 2022 introduces two new exceptions that support libraries in fulfilling their mission. The first, outlined in Section 25, specifically allows galleries, libraries, archives, and museums (GLAMs) to reproduce and share works for purposes such as preservation, replacement, and routine operations. The second, found in Section 26, incorporates the Marrakesh Treaty provisions, enabling authorized organizations to create and distribute accessible copies for individuals with print disabilities.

In addition, Section 20(1) broadens the scope of fair dealing, giving libraries more leeway in activities that may not fall under narrowly defined exceptions. Section 20(3) strengthens this by invalidating any licensing terms that try to override these exceptions. Moreover, Section 50(7) clarifies that the new rules against bypassing technological protection measures do not apply when circumvention is done to exercise a legal exception.

The 2022 Act also preserves key elements from the 1988 legislation. Notably, it maintains restrictions on distribution rights in Sections 9, 11, and 12, limiting them to commercial activities. This safeguard allows libraries to continue lending materials. Additionally, libraries retain the right to import lawful copies of works, and earlier exceptions specifically for libraries remain in place.

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Nigerian Copyright Act of 2022 vs Public good

C. According to Section 2(1) of the Nigerian Copyright Act 2022, a literary, musical, or artistic work is only eligible for copyright protection if it meets two key conditions: it must be original—demonstrating the creator’s intellectual effort—and it must be fixed in a definite medium, whether currently existing or developed in the future, that allows the work to be perceived, reproduced, or communicated, either directly or through the use of a device or machine. In other words, to be protected under Nigerian copyright law, a work must not only be the result of significant human effort and creativity but also be expressed in a tangible form. Furthermore, the individual must qualify as an author under the legal definitions established in the jurisdiction.

Proposed solution:

Important recommendations include revising the Copyright Act to clearly specify ownership rights for works created by artificial intelligence, introducing co-copyright frameworks for collaborations between humans and AI, and adopting blockchain-powered digital copyright registries to promote transparency. Strengthening capacity through educational programs aimed at artists, musicians, and legal practitioners will also help ensure effective protection of intellectual property. Moreover, Nigeria should engage with international organizations such as the African Regional Intellectual Property Organization (ARIPO) to harmonize its policies with global standards and protect creators’ rights internationally.

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• Sipho Fako – Creative Sector | Content Archivist
• SA Broadcast Industry Experience
• Librarian
• WikimediaZA (Personal Capacity)
• Advocating SA Copyright Reform

Who I Am

• Updates 1978 Copyright Act
• Introduces Fair Use
• Expands Educational & Archival Exceptions
• Adds Performer Rights
• Includes Disability Access (Marrakesh Treaty)
• Pivotal for SA Economy & Access

The Copyright Amendment Bill (South Africa)

• Extended Legislative Journey (>10 yrs)
• Extensive Public Participation (Hearings/Submissions)
• Efficiency Concerns (Notice/Impact Assessment)
• Current Status: Constitutional Court Review (Pres. Referral)

Consultation Process in South Africa

• Fair Use vs. Fair Dealing
• Creative Royalty Protections
• Public Interest vs. Creator Rights
• Implementation & Enforcement Clarity

Core Debates in South Africa

Core Debates in South Africa

• Enables Mass Digitisation & Preservation
• Supports GLAMs (Galleries, Libraries, Archives, Museums)
• Aligns with Wikimedia’s mission of access for all
• Fosters Innovation & Creative Commons

Opportunities for Open Knowledge in SA

• Lack of clarity in implementation mechanisms
• Risks to content ownership & licensing (Digital/AI Re-use)
• Fear of Uncompensated Use
• Enforcement & Piracy Challenges
• Fear of uncompensated re-use

Creative Sector Concerns in SA

• Presenting in personal capacity; aligned with Wikimedia South Africa's objectives.
• Wikimedia as a public educator on copyright reform across SA.
• Bridges policy and practice, translating legislative changes for SA's creative and knowledge communities.
• Fostering a Wikimedia copyright coalition for Public Interest, emphasising SA insights.

WikimediaZA’s Positioning

• Who benefits from SA copyright reforms, and how do we ensure equitable outcomes?
• How can SA protect creators and ensure fair compensation, while expanding access to knowledge and culture?
• What is Wikimedia’s crucial role in policy advocacy within SA for a progressive copyright future?

Reflection Points for South Africa

• Let’s build a robust PAN-African copyright coalition for equitable policies.
• Open for questions and discussion.

Thank You

About the Copyright & Neighboring Rights Act of 2006

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What the Act entails?

• Serves as the governing framework for copyright and related rights in Uganda.
• IIt gives creators with exclusive rights, allowing them to control the publication, reproduction, performance, broadcasting, and communication to the public of their works.
• The act defines the eligibility criteria for protection under copyright and neighboring rights, setting forth clear guidelines on how protected works may be utilized by third parties.
• Establishes the duration of rights protected by the law and addresses offenses and infringements, outlining penalties and consequences for violations of copyright and neighboring rights.

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Copyright Realities in Uganda’s Creative Industry

Industry Gaps and Challenges

• Despite advocacy by the Uganda National Musicians Federation, many artists—including popular ones—lack copyrights to their own music
• Weak enforcement and limited awareness hinder protection of intellectual property rights

Industry Snapshot

• The creative industry includes 12,472 organizations
• Employs over 386,000 people across music, film, art, and related sectors

Legal Framework: What the Law Says

• Under the Copyright and Neighbouring Rights Act, 2006, copyright infringement is punishable by:
• A fine not exceeding 100 currency points
• Or imprisonment up to 4 years
• Copyright can be secured by:
• Filing with the Registrar of Copyrights at URSB
• Attaching a copy of the work
• Publication in the Uganda Gazette for 60 days

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Highlighting Intervals of Copyright Reform in Uganda: Paradigm Shifts Driven by Technology

Reform Timeline & Key Intervals

• 2006: Enactment of the Copyright and Neighbouring Rights Act, No. 6
• 2023: Draft amendments discussed in December
• 2024 (Pending): Amendments gazetted and tabled before Parliament

Paradigm Shift Around Technology

• Increased digital content creation and online distribution
• Rise of AI, streaming, and cross-border digital platforms
• Growing need to protect creators' rights in digital environments�

Reform Drivers

• Uganda Law Reform Commission leading review process
• Response to international obligations:
• Accession to WIPO Copyright Treaty (WCT)
• Accession to WIPO Performances and Phonograms Treaty (WPPT)

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Key Amendments Proposed to the Copyright and Neighbouring Rights Act, 2006

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• Published: 8 February 2024
• Discussed: Stakeholder Validation Meeting – 13 December 2023 at URSB

Why the Amendments?

• To align Uganda’s copyright law with evolving technology, international standards, and creative industry needs.

Proposed Amendments Include:

• Orphan Works Exploitation

Allowing use of works with unidentifiable authors or owners.

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• Extended Copyright Duration

Increasing protection from 50 to 70 years.

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Key Amendments Proposed to the Copyright and Neighbouring Rights Act, 2006 Cont.

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• Written Assignment Requirement

All transfers to be in writing, valid for 20 years.

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• Quasi-Judicial Powers to Registrar

Granting the Registrar authority to resolve disputes.

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• Increased Penalty Fees

Tougher consequences for infringement.

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• Registration of Collecting Societies

Mandatory registration and defined roles for collective rights organizations.

Reform Goals

• Ensure equitable remuneration for creators
• Strengthen regulatory oversight
• Future-proof copyright law against technological disruption

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What Process of Consultation Was Used? Uganda’s Copyright Reform Journey

Concept & Issues Paper

• Initiated with a concept and issues paper
• Outlined key gaps, scope, and methodology of the review
• Framed the discussion points for national consultations

Stakeholder Consultations

• Led by the Uganda Law Reform Commission (ULRC)
• Consulted:
• Government agencies & MPs
• Creative industry professionals
• Collective management organizations
• Copyright content users & law enforcement

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What Process of Consultation Was Used? Uganda’s Copyright Reform Journey

Feedback Analysis & Recommendations

• Collected input from consultations
• Developed a final report with clear recommendations
• Proposed draft legislative reforms

Role of the Uganda Law Reform Commission

• Ensures reforms are grounded in real-world issues
• Mandated to improve, modernize, and reform national laws

Joint Consultations

• Collaborated with Uganda Registration Services Bureau (URSB)
• Focused on improving the copyright registration process
• Conducted nationwide stakeholder dialogues

Key Issues Raised During Consultations

• Weak copyright enforcement
• Disconnect between telecoms, aggregators, and content owners
• Need for greater capacity-building in police, courts, and prosecution

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How Efficient Were the Copyright Reform Processes in Uganda?

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Strengths Observed in the Process

• Stakeholder Engagement

Uganda Law Reform Commission actively consulted government, legal experts, CSOs, and law enforcement.

• Regional Inclusivity

District-level workshops ensured broad, community-level participation.

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• Public Participation

Some citizens had opportunities to provide feedback through forums and submissions.

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• Research-Based Process

Informed by concept papers, issue briefs, and analysis of stakeholder responses.

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• Tech-Sensitive Approach

Aimed at tackling new challenges from digital platforms and AI technologies.

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• Focus on Enforcement

Reforms aim to strengthen protection and enforcement of copyright law.

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How Efficient Were the Copyright Reform Processes in Uganda? Cont.

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Challenges and Areas for Improvement

Limited Fair Compensation for Creators

● Many artists and content creators struggle to receive fair payments from digital platforms, telecommunication companies, and broadcasters.

● Caller Ring Back Tones (CRBTs) generate significant revenue, but artists only receive a small fraction due to unregulated revenue-sharing models.

4. Low Awareness and Education on Copyright Laws

● Many Ugandan creators lack knowledge of copyright protection and licensing options (e.g., Creative Commons and open access models).

● There is limited public awareness on copyright rights, leading to frequent unauthorised use of creative works.

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What Do Copyright Reforms Mean for Wikimedians in Uganda?

Overview

• Uganda’s Copyright and Neighboring Rights Act, 2006 supports Creative Commons (CC) licensing with conditions.
• The Act grants exclusive rights to copyright holders, but also recognizes fair use, public domain, and limited exceptions.
• CC licenses are compatible with Ugandan law as long as they don’t conflict with specific provisions, such as compulsory licensing.

Awareness and Alignment with Current Reforms

• Uganda’s copyright law is under review—Wikimedians need to stay informed as changes may directly impact content sharing and licensing on Wikimedia platforms.
• Key reforms focus on orphan works, digital rights, and stricter enforcement—critical for projects involving public domain and CC-licensed content.

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What Do Copyright Reforms Mean for Wikimedians in Uganda?

Implications for the Wikimedia Movement in Uganda

• CC Licenses & Access to Knowledge� Proposed reforms may affect how freely content can be reused, remixed, or shared, especially under Creative Commons licenses.
1. Releasing work under a CC license means the copyright holder grants permissions recognized under Ugandan law.
2. Common licenses used:
1. CC BY (Attribution)
2. CC BY-SA (Attribution-ShareAlike)
• Fair Use & Public Interest� Laws should balance creators' rights and public access to information, especially for educational, research, and cultural use—core to Wikimedia values.
• Fair Use Provisions: Limited use without permission is allowed for:
• Teaching, commentary, criticism, news reporting, and research.
• Useful for:
• Citing short text or referencing media in Wikimedia projects.

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What Do Copyright Reforms Mean for Wikimedians in Uganda?

Implications for the Wikimedia Movement in Uganda cont..

• Public Domain Use
• Works in the public domain can be freely uploaded to Wikimedia Commons.
• Includes works with expired copyright or never protected.
• Indigenous & Traditional Knowledge (TK)� There’s a growing need to protect and ethically share indigenous knowledge.� Lessons from WM Australia’s Indigenous Data Governance Model can guide Ugandan Wikimedians.

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Legal Considerations

Compulsory Licensing

• Especially relevant in music and performance rights.
• Even with CC licensing, royalty payments may apply under compulsory schemes.
• Check legal code of each license for restrictions.

Derivative Works

• CC licenses often allow derivatives (adaptations).
• ShareAlike condition: derivatives must be licensed under the same or compatible license.

Dual Compliance (Uganda + US Law)

• Wikimedia Commons policy requires:

Enforcement

• Uganda Registration Services Bureau (URSB) and Uganda Police enforce copyright law.
• Includes penalties and seizure of infringing materials.�

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What Do Copyright Reforms Mean for Wikimedians in Uganda?

Why This Matters to You as a Wikimedian

• Your contributions must respect copyright rules, especially around:
• Images
• Music
• Traditional stories
• Oral histories
• Knowing what’s public domain, what’s freely shareable, and how to attribute sources is more important than ever.

Towards a Copyright Coalition for the Public Interest

• Uganda, Nigeria, and South Africa are facing similar copyright reform challenges.
• There is momentum to build a pan-African coalition that:
• Advocates for fair, inclusive, and public-interest-oriented copyright laws
• Protects local creators, while ensuring knowledge remains open

What Can Ugandan Wikimedians Do?

• Engage in copyright literacy—know the law and how it impacts your contributions
• Promote ethical sharing—especially around indigenous content
• Join regional advocacy—help shape reforms that protect knowledge commons
• Collaborate with allies like WM Australia on community-led licensing models

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Let’s Brainstorm Copyright Coalition

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