So many Artists and musicians have come up with ideas for lyrics, melodies and even orally composed such rhythms, others have made remixes from various folktales and riddles, but have you thought of finding out which songs are protected under the copyright law in Uganda? In this article, I analyze songs that are not eligible for copyright protection and give reasons as to why. Our focus is on anything musical that draws us to the issue of songs protected under our laws today.
The Copyright Act silently protects works that were still under copyright protection at the time the first law on copyright came into effect in 1923. Be that as it may, Copyright law, in its wider meaning as per the new law of 2006 protects the rights of composers and performers, granting them exclusive rights to their works for a period that usually extends to their lifetime and fifty years after their death.
When fifty years elapse from the time the author dies, it goes to the public domain. Section 5 of the Copyright and Neighbouring Rights Act, 2006 (CNRA), provides for work eligible for copyright which includes literary, scientific and artistic works are eligible for copyright— (a) articles, books, pamphlets, lectures, addresses, sermons and other works of a similar nature; (b) dramatic, dramatic-musical and musical works; (c) audio-visual works and sound recording, including cinematographic works and other work of a similar nature; (d) choreographic works and pantomimes; (e) computer programmes and electronic data banks and other accompanying materials among others.
It is important to underscore that section 6 of the Act expressly provides that Ideas are not protected. Ideas, concepts, procedures, methods or other things of a similar nature are not protected by copyright Act.
We can borrow an example of Drake’s song “STARTED FROM THE BOTTOM” was an idea of Future during a recording session. When drake left the studio and recorded and expounded on the idea, he put it in writing or tangible form thereby became the author. The law only protects songs that have been put in material form as prescribed in our laws under Section 4 of the Copyright and Neighbouring Rights Act.
Section 7 of the Act further provides for public benefit works that are not protected. Such work can include customs and related songs of that nature, and also works commissioned by the Government. For example, where the Government facilitates the making of a song against malaria, it reserves the right or economic rights over it and no person can register that song to belong to him or her.
However , it should be noted that the moral right in a work made under shall always remain with the actual author of the work.
Songs of the late Authors are protected for only fifty years after their death and then it goes in public domain.
Works that are immoral in nature, although the law does not expressly provide them being stopped from registration. There are no provisions in the Act that prohibits any kind of defamatory, obscene, or immoral music work from getting protection under the Act.
As long as a work is original and fixed in a tangible medium of expression form provided for in section 4 of the CNRA, it is entitled to copyright protection and eligible for registration, regardless of its content. However, once taken to Court in line with infringement one may not successful sue. case law Has given this ground as far as public interest is concerned.
In conclusion , musicians should put their original works in material form, which means recording or broadcasting and it is important to note that cultural songs, folktales, riddles or any sound that is not in material form cannot be claimed to belong to an individual.
