Times Of Swaziland: FIRST EVER COPYRIGHTS SOCIETY BOARD LAUNCHED

FIRST EVER COPYRIGHTS SOCIETY BOARD LAUNCHED
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Dudu Dube on 17/03/2022 08:00:00


MBABANE – Finally!
An official Eswatini Copyright and Neighbouring Rights Society Board has been
officially launched. The Copyright and Neighbouring Rights Act, 2018 came into
force through Senator Manqoba Khumalo, the Minister of Commerce, Industry and
Trade. This is according to a government gazette dated July 27, 2021, which
announced that the Copyright and Neighboring Rights Act of 2018 came into force
on August 1, 2021. According to copyright.gov, Copyright is a type of
intellectual property that gives its owner the exclusive right to make copies of
a creative work, usually for a limited time. The creative work may be in a
literary, artistic, educational, or musical form.
According to Section (3) of the Copyright and Neighbouring Rights Act, 2018,
works that are eligible for copyright if they are original include literary,
musical, artistic, audio-visual works, sound recordings, broadcasts, programme
carrying signals and published editions. Section (6) further states that work
that is eligible shall qualify for copyright protection if it is made by or
under the direction of the State or an international organisation designated as
such by regulations made by Minister Khumalo.
Exclusive
Copyright in a literary or musical work shall vest in the owner the exclusive
right to do or authorise reproducing, publishing, performing the work in public
or causing the work to be transmitted in a cable programme service, unless the
service transmits a lawful broadcast.  Yesterday, Senator Khumalo, the Minister
of Commerce, Industry and Trade officially announced the Copyright Rights
Society Board.  The chairperson is Samkeliso Nxumalo supported by Mluleki
Sakhile Dlamini, Nobuhle Matsebula, Tiyamike Maziya,  Mxolisi Vilakati, Mxolisi
Radebe, Madoda Mdziniso, Phinda Nkosi and Annelisa Stoffels. The minister said
the board will formulate rates for the usage of the copyright content. It is
worth noting that the board is expected to ensure that there is increased local
content of assured quality in broadcasting outlets so that emaSwati can have a
considerable share of the royalties’ pay-out.
Exchange
“The team is expected to also discourage any form of payment in exchange for
airplay as this would skew the royalties’ payment and in the process throttle
the development of the creative industry. It will also ensure that there is just
and consistent enforcement against copyright infringement in collaboration with
other government enforcement agencies. Copyright inspectors of the society are
not to be a law unto themselves,” he said. The minister requested for
transparency, efficiency and truthfulness.
“This is a complex task of balancing what will be profitable remuneration to
the creators and owners of copyright in order to make participation and
engagement in this industry a sustainable vocation. At the same time, one must
not price themselves out of the market by setting the rates too high. The Board
must ensure that the collection methods are as efficient and innovative as they
can be and not bureaucratic. The distribution of the royalties payable to
copyright owners must be timely. We are creating the copyright industry to be a
professional one and, hence the need for dependable and regular payment of
income is expected,” the minister said. Khumalo went on to share that the
development and capacitating of the copyright sector was also extremely
important, hence the Ministry of Commerce Industry and Trade will monitor the
society developing programmes that advance the copyright industry and copyright
related industries.
Treating
“The Copyright Society Board will put in place a secretariat for the
day-to-day administration of the society affairs. In doing so, it must be
remembered that the cardinal rules of treating members is treating them fairly
and transparently. Our legislature has made it clear that the society is created
for ease of copyright administration and collective synergies, but it remains
voluntary for copyright content owners to join. In the near future, the society
is to enter into reciprocal arrangement with foreign societies for ease of
mutual and reciprocal agreement for the collection of royalties with foreign
entities. This is key as we know we now live in a global world and the enjoyment
of copyright works knows no boundaries even though copyright is a territorial
right,” he added.
In his conclusion, the minister said; “copyright is a dynamic field that
requires the Board to easily adapt to new trends and administrative
technologies. My ministry has already put in place plans to facilitate the
continual education and capacitation of the Board and copyright stakeholders on
copyright developments and how to adapt to new and emerging trends in the
copyright industry. I encourage us all to look at copyright through the
commercial and business lens and to adapt to prevailing customer or client
demands so that we do not lose our competitive edge and become obsolete.”
Dr Celucolo Dludlu, who is the Intellectual Property Registrar said they were
planning on empowering the new board.  It is worth noting that the Intellectual
property (IP) protection is premised on creating economic rights as rewards for
creativity, thus stimulating more creativity. Copyright is a subset of IP.
Significant
“We have been putting in place mechanisms to operationalise the Act.  A
significant aspect that was brought in by this law has been the creation of a
copyright society - an entity that will determine copyright rates, collect
royalties and distribute them. The Board members come from diverse backgrounds
as prescribed by the Act and we are much hopeful that they will make impactful
contributions to the mandate and activities of the society. As the IP office, we
will offer our support and work hand-in-hand with the Board, society and
stakeholders.
The chairperson of the society Nxumalo expressed his gratitude.
He said the task given comes with a great responsibility.  “It is humbling and
has a great responsibility. This act has been a call from the art sector, it is
significant responsibility,” he said.  Nxumalo also mentioned that the art
sector contributed fiver per cent Gross Domestic Product (GDP). “Our GDP is
around 60 billion and the art sector contributes around three million. A lot of
artists do not see their contribution. We are looking forward to the empowerment
from the Intellectual property department , ” he added.