COMPLETION OF COPYRIGHT REGULATIONS THIS MONTH

MBABANE – The Ministry of Commerce, Industry and Trade has revealed that the completion of copyright regulations will be finalised this month.
This was revealed by the Minister of Commerce, Industry and Trade, Manqoba Khumalo, in the ministry’s first quarter performance report for the financial year 2024/2025 dated August 30. According to Khumalo, the copyright office is finalising the regulations which will then be transmitted to Parliament for tabling. “The copyright office (within the Intellectual Property Department), which regulates the activities of the society, and the secretariat of the society as created by the Act, are currently finalising the copyright regulations that will be disseminated to the stakeholders for consultations for finalisation before they are transmitted to Parliament for tabling. The target for completion of this drafting process is the month of September 2024,” Khumalo said.

This came after Senate Deputy President Ndumiso Mdluli asked the ministry to ensure that the copyright Act is reviewed to meet international standards. According to Mdluli, some parts of the Act do not comply with international standards.“There are recommendations for the enactment of the Copyright and Neighbouring Rights Act, which has enabled the establishment of an Intellectual Property Rights (IPR) Board. This development is expected to create jobs and support the youth, particularly singers and their backup performers.

Standards

This Act is crucial for protecting their work and addressing issues such as song piracy. However, upon review, it appears that some parts of the Act do not comply with international standards,” Mdluli said.He further requested that the honourable minister expedite the review of the law and ensure that the necessary regulations are written to align it with global standards. Khumalo responded through a written response, citing they appreciate the discovery made by Mdluli and that compliance with international standards is an ongoing process.
“The need for compliance with international standards is an ongoing process given that the copyright ecosystem is ever-changing.

There are ongoing negotiations for various international instruments for copyright protection, to which the country is participating so as to advance the interests of emaSwati in the international IP landscape. Consequent to the conclusion of the legal IPR instruments, there will be need for domestication of the instruments, which is primarily initiated by ratification of the instruments,” Khumalo said. The copyright instruments that are of priory for ratification and have been vetted by the Office of the Attorney General are:

• Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired or otherwise print disabled encouraging publishing companies to engage in literature for the visually impaired.

• The WIPO Copyrights Treaties

• WIPO Copyright Treaty (WCT)

• WIPO Performances and Phonogrammes Treaty (WPPT)

• The Beijing Treaty on audio-visual performances.

All these treaties generally emphasise that artists and performers are protected even in the digital and cross-border environment. The ministry endeavours to complete this exercise timeously. According to the recently launched Eswatini National Arts and Culture Policy, many artists have lost money and recognition because they could not claim for their work. The key intervention highlighted in the policy is for the promulgation of copyright and related legislation in line with technological development.

Recognition

“The absence of copyright law in Eswatini has been a thorny issue to artists for many years. Many artists have lost a lot of money and recognition because they could not lay legal claim to their rights for published creative works. Copyright protects both the economic and moral rights of the artists’ creative work so as to derive benefits from them. This policy will strengthen the copyright governance,” reads part of the policy.

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