Friday 8 June 2018

Copyright Act: Govt’s Wish list

Before the enactment of the Copyright Law in 2016, everything that was not happening right in the arts sector in general, and music industry in particular was being attributed to lack of such statutes.

A couple of years later, artists seem to still be at the mercy of the perpetrators of arts related offences and sins. This is so even in the presence of the law and those that are empowered by it, the Copyright Society of Malawi (Cosoma). 

They continue sleeping on the job and do little or nothing to enforce it.

Cosoma officials would argue their case all they want but they can only hear from me as someone who is echoing out the brutal and naked sentiments of musicians and other artists in different disciplines.

I will quickly take you to the recent matter relating to Collins Bandawe, the musician famed for his Tchekera Maluzi song. Apparently without his knowledge, two urban artistes – Saint and Macelba – decided to do a remix of the track.

When asked by the media if they had the consent of Bandawe, the duo said since Collins was nowhere to be traced they therefore sought permission from Cosoma.  

Assuming that Cosoma indeed gave them such a go ahead, then if the body’s action is not fascinating enough, then tell me what is. Because it is as good as going to the police to borrow a gun that one intends to use for a heist. 
Cosoma failed to use the very law that provide for its existence.

Copyright Act section 66 in simpler terms guides on how best this could be done. Among others one is supposed to find the original owner of the works; inform them of their intention to redo their work and even provide the address of the place at which they intend to make the recording.

It further describes the kind of work as follows: “Sound recordings made… may be in the form of an adaptation of the musical work previously recorded.”

Once this has been recorded the law guides that the original owner is supposed to be given the copies that have been made 15 days before publishing them and at least by 90 days royalties should start trickling down the original owner.

In the case above, others can argue that section 36 of the Copyright Act provides for the permitted free use of the works. However, on a number of conditions the duo did not qualify even under transient and incidental copies.

It is therefore disheartening that the society allowed all this to happen with careless abandon when they are supposed to be in the forefront promoting and protecting creativity as their sole existence suggests.

When one sits down and go through the Copyright Act what comes out clearly is that this has just become government’s wish list.
There are issues to do with Copyright Fund on section 98 of Copyright Act for example.

The law expects the society to administer this fund so that it can be used to enforce this law, promote and improve creativity and artistic skills as well as promote and preserve works which depict a cultural identity of Malawi. It further expects the society to, through the fund, pay proceeds from the fines paid for infringement of the rights under this Act.

Artists claim that they have not heard anything from Cosoma as regards this fund even when this very section expects it to conduct civic education on the same.

The question could now be, what is keeping those officials busy at Cosoma when they cannot make a sound decision on a seemingly very simple and straight forward issue.

Are the artists safe under those that are running the show at Cosoma? And what is the mother ministry doing?

    

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