JUKEBOXES, CHURCHES FACE MUSIC LICENCE CRACKDOWN

MBABANE - Jukeboxes and churches will not be exempt from paying royalties in the kingdom, as outlined by the Copyright and Neighbouring Rights Act of 2018 and ESWACOS.

This requirement is enshrined in the Eswatini Copyright Act, section 60, which states: “Where, in a public place, by means of broadcasting, cinematography, jukebox or other apparatus, a sound recording or other devices are used in a public performance, the authors, performers and producers of that sound recording shall be entitled to royalties in terms of this Act.” This was further emphasised by Eswatini Copyright and Neighbouring Rights Society (ESWACOS) Executive Director Mmeli Hlanze during an interview with this publication.

“Yes, jukeboxes or any other coin-operated audio machines will require an annual music licence. The rationale is that a jukebox performs sound recordings and musical works in public, and under section 60 of the Copyright and Neighbouring Rights Act No. 4/2018, the authors, performers and producers of any sound recording played in public shall be entitled to royalties. The proposed licence fee under the draft music tariffs currently under consultation will be E1 139.50 per annum,” he stated. Hlanze also revealed that churches will need to acquire music licences. “Regarding churches, they will also require a music licence, as long as they are using copyright-protected songs. The only instance a church would be exempt from requiring a music licence is if they use music that is now in the public domain, meaning music that is no longer copyright protected.

Requirements

An example would be churches that exclusively use hymnals whose term of protection has elapsed,” Hlanze added. The introduction of these licensing requirements aims to protect the rights of artists and ensure they are compensated for their creative works, regardless of where their music is played. Both jukebox operators and churches play a pivotal role in disseminating music to the public, making it essential that these creators receive appropriate recognition and remuneration. ESWACOS, the Eswatini Copyright Society, is leading the charge in advocating for the rights of musicians and music producers in the country. Their mission includes educating the public about copyright laws and encouraging compliance among businesses and institutions that utilise music. According to Hlanze, adherence to these regulations will not only aid artists in earning a living, but also promote a healthy music industry in Eswatini.

The enforcement of music licences for jukeboxes and churches aligns with global practices, where similar laws are established to protect intellectual property. In many countries, establishments that play music whether through live performances, broadcasting or recorded media are required to obtain licences for the legal use of copyrighted material. This ensures that artists receive their fair share of royalties, enabling them to continue creating music.

Awareness

In Eswatini, the enforcement of the Copyright and Neighbouring Rights Act marks a significant step towards establishing a more robust framework for copyright protection. The government and relevant stakeholders are working to raise awareness about the importance of music licences, and Hlanze encourages all entities involved in public performances of music to comply with the law.

As jukeboxes and churches prepare to adhere to the new music licence requirements, the broader music community in Eswatini stands to benefit. By ensuring that creators are fairly compensated for their work, the country can cultivate an environment where music continues to flourish. Compliance with copyright regulations is not merely a legal obligation; it is a moral responsibility to support the artists who enrich our lives with their talent. As discussions around licensing fees progress, it remains essential for all parties to engage constructively to build a fair and vibrant music economy in Eswatini.

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