Uganda’s creative industry has, over the past decade, experienced notable growth, driven by advancements in digital technology and increased global exposure of local content. However, this growth has also exposed gaps in the country’s copyright framework, particularly in addressing digital exploitation, weak enforcement mechanisms, and inefficiencies in royalty collection. The recent amendment to Uganda’s copyright law represents a deliberate step toward modernizing the legal regime to better protect creators and align with international standards.
One of the central objectives of the amendment is to bring Uganda’s copyright framework in line with the realities of the digital economy. The traditional Copyright and Neighbouring Rights Act, Cap. 222, was enacted at a time when digital distribution and online streaming were not as pervasive as they are today. As a result, the amendment introduces provisions that address the use and dissemination of copyrighted works across digital platforms.
In particular, the law now contemplates the role of online intermediaries, including internet service providers and digital content platforms, in the distribution of protected works. By doing so, it seeks to curb unauthorized reproduction, communication to the public, and distribution of copyrighted material online, activities that have significantly contributed to revenue losses for creators.
The amendment reinforces the economic rights of authors, performers, and producers, particularly in relation to audiovisual works, broadcasting, and public performance. This is a significant development for Uganda’s film and music industries, where exploitation of works often occurs without adequate compensation to rights holders.
By clarifying and strengthening these rights, the law ensures that creators are better positioned to control and monetize the use of their works. This includes protection against unauthorized broadcasting and cable retransmission, which have historically been areas of concern within the sector.
A critical feature of the amendment is the regulation of Collective Management Organizations (CMOs). CMOs play a central role in administering rights, collecting royalties, and distributing earnings to creators. However, concerns have long been raised about transparency, accountability, and efficiency in their operations.
The amended law provides a clearer legal framework for the establishment, licensing, and supervision of CMOs. It introduces measures aimed at enhancing governance standards, ensuring fair distribution of royalties, and restoring confidence among rights holders. This is expected to significantly improve revenue collection and reduce disputes within the creative ecosystem.
Enforcement has historically been one of the weakest aspects of copyright protection in Uganda. The amendment addresses this by strengthening available remedies and increasing penalties for infringement. The introduction or enhancement of statutory damages and other enforcement mechanisms is intended to deter infringement and provide more effective redress for rights holders.
These reforms are particularly important in the digital space, where infringement is often widespread, difficult to trace, and costly to litigate under traditional frameworks.
The amendment also reflects a broader understanding of creative expression by extending protection to emerging forms of content and clarifying the duration of copyright protection. By aligning with international benchmarks, Uganda positions itself as a jurisdiction that values and safeguards intellectual property, thereby attracting investment in its creative industries.
The practical effect of these reforms is far-reaching. For creators, the amendment offers enhanced protection, improved revenue streams, and greater control over their works. For investors and industry stakeholders, it provides a more predictable and secure legal environment. For the country as a whole, it strengthens Uganda’s compliance with international intellectual property obligations.
Ultimately, the amendment represents more than a legal update it is a policy statement recognizing the economic and cultural value of creativity. By addressing longstanding challenges and embracing the realities of the digital age, Uganda has taken a significant step toward building a sustainable and globally competitive creative industry.
Luyima Deklerk.
Team Lead Intellectual Property.
Kalikumutima & Co. Advocates.
