Copyright Act gets International makeover

The Patents and Companies Registration Agency (PACRA) is currently revising the Copyright and Performance Rights Act to align it with international standards, according to Registrar and Chief Executive Officer Benson Mpalo.

Mr. Mpalo says the revised legislation aims to reflect modern realities and provide creators with enhanced protection and avenues for recourse.

“Once the draft is complete, stakeholders will have the opportunity to review and comment on the document before it is submitted to the Ministry of Justice,’ he said.

Speaking at the Commemoration of Africa Copyright and Collective Management Day Mr. Mpalo has noted that many musicians are unaware of their right to compensation for the use of their work on radio and television stations, not only in Zambia but also across Africa.

“Copyright ensures that creators receive fair remuneration for the use of their works, and collective management organisations (CMOs) play a vital role in facilitating this process. A musician, for instance, may produce a hit song that is played repeatedly on national radio. Without a strong copyright and collective management system, they may never see a royalty from the broadcaster, despite the immense popularity of their work. This is what we are here to address,” he added.

Mr. Mpalo says PACRA is working tirelessly to create an enabling environment for all players in the creative industries.

“As part of our efforts, we are implementing the revised National Intellectual Property Policy, which calls for the creation of more CMOs across the different categories of rights. For example, we are collaborating with the National Association for Media Arts (NAMA) to upgrade its capacity to collect royalties from television stations and other users of films. This initiative is an important step towards ensuring that filmmakers, like musicians, are compensated for their work,” he said.

“Africa Copyright and Collective Management Day is a critical awareness-raising tool. We must continue to sensitise our artists, writers, filmmakers, and all creators about their rights and how they can benefit from the existing legal frameworks. Let me take this opportunity to emphasise an issue often misunderstood: it is not artists who should be paying radio and television stations to have their work played. Rather, it is these broadcasters who are required to pay royalties to the artists for the use of their creative works. This system ensures that creators are paid for the intellectual value they provide, just as broadcasters pay for other operational costs like electricity and wages,” he explained.

And Mr. Mpalo has thanked African Regional Intellectual Property Organization (ARIPO) for choosing Zambia as the host of this year’s celebration.

“Since its inception, ARIPO has worked tirelessly to develop intellectual property laws, establish common services, and provide training schemes across the continent. By expanding its mandate in 2002 to include Copyright and Related Rights, ARIPO has broadened its focus, recognising the ever-growing importance of copyright protection in the modern creative economy,” he said.

And speaking earlier Permanent Secretary for the Ministry of Youth, Sport, and Arts (Arts), Fumba Chama, has emphasized the need for a multi-sectoral approach to ensure respect for copyright and related rights in the arts sector.

Mr. Chama says This requires concerted efforts from all stakeholders, including collective management organizations, industry players, and creatives themselves.

African Regional Intellectual Property Organization (ARIPO) Director General DAVID NJUGUMA HAS noted that globalization and the internet have presented both opportunities and challenges for creators.