Gov’t Urged to Amend Copyright Bill Amidst Calls for Fairer Artist Compensation

Parliament has directed Hon. Chris Baryomunsi, the Minister of ICT and National Guidance, to present the Copyright and Neighbouring Rights (Amendment) Bill by May 2024, which aims to introduce changes to various provisions within the Act.

One of the key amendments addresses Caller Ring Back Tones (CRBTs) charges imposed by telecommunication companies. CRBTs are auditory indications heard by callers while waiting for their calls to be answered, ranging from songs to voice recordings, poems, or comedy pieces preset by telecoms.

In a report addressing concerns raised by Hon. Elijah Mushemeza against telecommunication operations, the Committee on ICT highlighted disparities in revenue distribution from CRBTs. Despite being classified as value-added services, artists receive minimal revenue from CRBT subscriptions, with delayed payments exacerbating the issue. Furthermore, there’s a lack of real-time revenue splits among different rights holders, including songwriters, publishers, performers, and audio producers.

During the plenary sitting on February 29, 2024, Hon. Cuthbert Abigaba presented the report, revealing a breakdown of the revenue-sharing formula. The report disclosed that artists receive only 1.8 percent of the revenue, significantly lower than government taxes (48 percent), telecoms (35 percent), and aggregators (13.2 percent).

The committee noted disparities compared to Kenya, where recent copyright amendments allocate 52 percent of CRBT net revenue to artists, with aggregators and telecoms receiving 8.5 percent and 39.5 percent, respectively.

Despite Hon. Hillary Kiyaga’s attempt to introduce a Private Member’s Bill in July 2022, collaboration between MPs and the government aimed for a comprehensive amendment to the Act. Deputy Speaker Thomas Tayebwa questioned the delay in tabling the Bill, emphasizing the need for timely action.

Hon. Kiyaga urged for swift enactment of the law to ensure artists benefit from their work. Minister of State for ICT and National Guidance, Hon. Godfrey Baluku, assured that the ministry, in collaboration with the Attorney General’s Office, is finalizing the Bill’s preparation, citing it as the necessary remedy.

Baluku highlighted Kenya’s recent successful copyright amendments, indicating optimism for similar positive outcomes in Uganda.