Museveni’s 2025 Copyright for Musicians breakdown

On February 28, 2025, President Yoweri Museveni approved a groundbreaking Copyright Management System (CMS) for Uganda’s music industry, marking a significant milestone in the protection of intellectual property for musicians. This system, developed with input from State House scientists and key stakeholders, aims to address long-standing issues such as piracy, inadequate royalty collection, and the lack of a formalized structure for compensating artists. This article delves into the history of copyright in Uganda, the development and approval of the CMS, how Uganda can build a robust system, lessons from other Collective Management Organizations (CMOs), and the challenges ahead.

Uganda’s copyright framework has evolved over the years, with the Copyright and Neighbouring Rights Act of 2006 serving as the primary legislation. This Act, supplemented by the Copyright and Neighbouring Rights Regulations of 2010, provides the legal foundation for protecting musical works, sound recordings, and performances. Key provisions include:

• Economic Rights: Musicians can control the reproduction, distribution, public performance, and adaptation of their works.
• Moral Rights: Artists retain the right to claim authorship and object to distortions of their work.
• Automatic Protection: Copyright applies upon creation, though registration with the Uganda Registration Services Bureau (URSB) strengthens enforcement.

Despite these legal provisions, the system has faced significant challenges:

• Ineffective Royalty Collection: The Uganda Performing Rights Society (UPRS), the primary CMO, has been criticized for low payouts and inefficiency. For instance, artist Angella Katatumba received only UGX 102,933 in 2023 for years of plays.
• Piracy: Unauthorized reproduction and distribution of music have been rampant, undermining artists’ earnings.
• Lack of Digital Integration: The existing framework has struggled to adapt to the digital age, where streaming and online platforms dominate music consumption.

The Approval of the 2025 Copyright Management System

The CMS represents a transformative step in addressing these challenges. Its approval followed years of advocacy by musicians, led by Eddy Kenzo, President of the Uganda National Musicians Federation (UNMF). Key milestones include:

• 2023 Advocacy: The UNMF petitioned the government to amend the 2006 Act, highlighting the need for modernized copyright enforcement.
• 2024 Proposal: A delegation of musicians, led by Kenzo, presented the CMS framework to President Museveni at State House Entebbe.
• Cabinet Approval: The Copyright and Neighbouring Rights (Amendment) Bill 2024, which underpins the CMS, received Cabinet approval in early 2024.
• Presidential Endorsement: On February 28, 2025, Museveni approved the CMS during a meeting in Rwakitura, attended by key stakeholders, including Deputy Speaker Thomas Tayebwa and State Minister for Culture Peace Mutuuzo.

How the CMS Will Work

The CMS is designed to modernize royalty collection and combat piracy through a combination of technology, stakeholder collaboration, and legal enforcement. Key components include:

1. Technological Foundation
   • Digital Registration: A centralized database will allow musicians to register their works, including metadata such as song titles, artists, and composers.
   • Audio Fingerprinting: Devices installed in entertainment venues (bars, radio stations, TV broadcasters) will use audio fingerprinting to log every instance a registered song is played.
   • Real-Time Monitoring: The system will integrate with digital platforms and physical venues to provide real-time data on music usage, enabling accurate royalty calculations.
2. Stakeholder Collaboration
   • Government Support: Agencies like the Uganda Police, Uganda Revenue Authority (URA), and Uganda Communications Commission (UCC) will enforce compliance.
   • Artist Involvement: The UNMF, led by Eddy Kenzo, has played a pivotal role in shaping the CMS to reflect musicians’ needs.
   • Industry Buy-In: Media houses, venue owners, and broadcasters are being engaged to adopt the system, with assurances of fair licensing fees.
3. Implementation Steps
   • Pilot Phase: The CMS will launch in major urban centers like Kampala, testing devices in select bars, radio stations, and TV channels.
   • Device Deployment: Entertainment venues will install monitoring devices linked to the CMS database.
   • Licensing Framework: Businesses playing music will pay annual licensing fees, with a percentage allocated to artists based on tracked usage.
   • Royalty Distribution: A transparent mechanism will distribute royalties periodically, using play count data to ensure fairness.
4. Legal and Policy Backbone
   • The CMS builds on the 2006 Act and its 2010 regulations, with the 2024 amendment bill strengthening digital enforcement.
   • Anti-piracy measures will deter unauthorized reproduction and distribution, with legal action possible against violators.

Lessons from Other CMOs and Digital Platforms

Uganda’s CMS can draw valuable lessons from established systems like YouTube Content ID, BMI, ASCAP, and the Adobe Content Authenticity Initiative:

• YouTube Content ID: Uses digital fingerprinting to track and monetize content globally. Uganda’s CMS can adopt similar technology for digital platforms.
• CMOs (BMI, ASCAP): Operate globally, collecting and distributing performance royalties. Uganda can model its royalty distribution mechanism on these organizations, ensuring transparency and efficiency.
• Adobe Content Authenticity Initiative: Focuses on metadata to ensure content authenticity. Uganda’s CMS can incorporate similar metadata standards to track ownership and usage.

Challenges and Solutions

1. Infrastructure: Uneven power and internet access in rural areas could hinder device deployment. Solutions include solar-powered devices and offline data storage with periodic syncing.
2. Compliance: Small venues may resist adoption due to costs. Phased enforcement and subsidies for initial setup can ease this transition.
3. Awareness: Many artists, especially in rural areas, may lack knowledge of the system. UNMF-led campaigns and local government outreach can address this gap.
4. Funding: The CMS requires significant investment for device deployment, database setup, and training. Government allocation and international partnerships can provide the necessary resources.

Considerations for a Robust CMS

Role of International Partnerships

Global Collaboration: Uganda’s CMS could benefit from partnerships with international organizations like WIPO (World Intellectual Property Organization) and UNESCO, which have experience in supporting copyright systems in developing countries.

Tech Partnerships: Collaborating with global tech firms (e.g., Google, Audible Magic) could provide access to advanced audio fingerprinting and digital tracking technologies, reducing the cost and complexity of developing the system from scratch.

Potential Economic Impact

Job Creation: The CMS could create jobs in areas such as device installation, system maintenance, and data management, contributing to economic growth.

Increased Tax Revenue: By formalizing the music industry, the government could collect more taxes from licensing fees and royalties, which could be reinvested in the creative sector.

Tourism Boost: A thriving music industry could enhance Uganda’s cultural appeal, attracting tourists interested in live music and cultural events.

Digital Integration Beyond Physical Venues

Streaming Platforms: While the CMS initially focuses on physical venues, integrating with digital platforms like Spotify, Boomplay, and YouTube will be crucial for capturing online music consumption.

Social Media: Platforms like TikTok and Instagram are increasingly used for music promotion. The CMS could explore ways to track and monetize music usage on these platforms.

Addressing Inequality in the Music Industry

Support for Emerging Artists: The CMS should include mechanisms to ensure that emerging and independent artists benefit equally, not just established stars. This could involve lower registration fees or grants for new talent.

Gender Equity: Women in the music industry often face additional barriers. The CMS could incorporate initiatives to support female artists, such as targeted outreach programs or funding opportunities.

Long-Term Sustainability

Regular Audits: To maintain transparency and trust, the CMS should undergo regular audits by independent bodies to ensure fair royalty distribution and efficient operations.

Adaptability: The system should be designed to evolve with technological advancements and changes in music consumption patterns, ensuring its relevance in the long term.

Public Awareness Campaigns

Educating the Public: Many Ugandans may not understand the importance of copyright or how the CMS works. Public awareness campaigns, including radio, TV, and social media, can help build support for the system.

Engaging Local Leaders: Collaborating with local leaders and influencers can help spread awareness in rural areas, where information about the CMS may not reach easily.

Legal Reforms Beyond the CMS

Strengthening Copyright Laws: While the CMS is a significant step, broader legal reforms may be needed to address issues like digital piracy, cross-border copyright enforcement, and the rights of producers and composers.

International Agreements: Uganda could explore joining international copyright treaties, such as the Berne Convention, to protect its artists’ works globally.

Potential Risks and Mitigation Strategies

Data Privacy Concerns: The CMS will collect vast amounts of data on music usage. Robust data protection measures will be needed to prevent misuse or breaches.

System Overload: A sudden influx of registrations could overwhelm the system. A phased rollout and scalable infrastructure can help manage this risk.

Corruption and Mismanagement: To prevent corruption, the CMS should have clear governance structures, independent oversight, and mechanisms for reporting misconduct.

Case Studies from Other Countries

South Africa’s SAMRO: The Southern African Music Rights Organization (SAMRO) has successfully managed royalty collection for decades. Uganda could study its model to learn best practices.

Kenya’s MCSK: The Music Copyright Society of Kenya has faced challenges but offers lessons on what to avoid, such as lack of transparency and delayed payouts.

Role of Musicians’ Unions and Associations

UNMF’s Ongoing Role: The Uganda National Musicians Federation (UNMF) will play a critical role in monitoring the CMS’s implementation and advocating for artists’ interests.

Grassroots Involvement: Local musicians’ associations can help ensure that the system reaches artists in remote areas and addresses their specific needs.

Environmental Considerations

Eco-Friendly Devices: The CMS could prioritize the use of energy-efficient or solar-powered devices to minimize its environmental impact.

Recycling Programs: Old or outdated devices could be recycled or repurposed to reduce electronic waste.

Potential for Regional Expansion

East African Integration: If successful, the CMS could be expanded to other East African Community (EAC) countries, creating a unified copyright system for the region.

Cross-Border Royalties: The system could facilitate the collection of royalties for Ugandan artists whose music is played in neighboring countries, and vice versa.

Monitoring and Evaluation Framework

KPIs for Success: Key performance indicators (KPIs) such as the number of registered works, royalty distribution timelines, and piracy reduction rates should be established to measure the CMS’s effectiveness.

Feedback Mechanisms: Regular surveys and feedback sessions with artists, venue owners, and other stakeholders can help identify areas for improvement.

Cultural Preservation

Traditional Music: The CMS could include provisions to protect and monetize traditional Ugandan music, ensuring that cultural heritage is preserved and compensated.

Local Languages: Encouraging the registration of works in local languages can promote linguistic diversity and cultural expression.

Future-Proofing the System

Blockchain Technology: Exploring blockchain for royalty distribution could enhance transparency and reduce administrative costs.

AI and Machine Learning: These technologies could be used to improve audio fingerprinting accuracy and detect unauthorized usage more effectively.

Vision for Success

For the CMS to succeed, Uganda must:

• Secure Funding: Government allocation, supplemented by international partners like UNESCO or tech firms, will be critical.
• Provide Training: Technical support for artists and venue operators will ensure smooth adoption.
• Ensure Transparency: Clear communication on royalty calculations and distribution will build trust among stakeholders.

Broader Impact

The CMS has the potential to transform Uganda’s music industry, providing financial security for artists, combating piracy, and attracting investment. If successful, it could serve as a model for other East African countries, positioning Uganda as a regional leader in creative rights protection.