Why Artists, Writers, and Enterprises in the Creative Industries Must Collaborate with CMOs to Defeat Piracy

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By
Charles Batambuze

Earlier this year, on January 10th, 2024, the Registrar General and the Inspector General of Police jointly issued a public notice addressing copyright infringement. The notice underscored the unwavering commitment of the Uganda Registration Services Bureau (URSB) and the Uganda Police Force (UPF) to uphold the rule of law, with a firm pledge to take all necessary steps to protect the rights of copyright owners. Yet, eight months later, piracy of creative goods and services continues to pose the most significant threat to the economic success of artists, writers, and enterprises within Uganda’s creative industries.

Piracy is a pervasive issue that not only impacts individual creators but also undermines the entire creative economy. Although the covert nature of piracy makes it challenging to fully quantify its impact, a 2020 report by the International Chamber of Commerce estimates that piracy and counterfeiting in East Africa result in losses of approximately $1.3 billion annually—equivalent to 50% of Burundi’s GDP. In Uganda alone, a 2018 report by the Uganda Registration Services Bureau estimated that piracy of creative goods and services costs the country about UGX 400 billion (approximately $110 million USD) each year.

Piracy poses a significant threat to Uganda’s creative industries, inflicting severe financial losses as unauthorized copies undermine legitimate products with cheaper alternatives. For example, a small publisher struggles to compete against a pirated school atlas priced at UGX 30,000, compared to the legitimate copy costing UGX 60,000. Similarly, a musician faces the challenge of a music DVD with over 1,000 songs being sold for UGX 3,000, while vendors offer foreign movie series for as little as UGX 2,000.

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A group picture of top audio producers of Uganda, producers own a large percentage of copyright for the works created.

These scenarios highlight how piracy conditions consumers to expect unsustainably low prices, making it increasingly difficult for creators to receive fair compensation for their work and recover their investments.

The impact of piracy is magnified by the widespread adoption of digital gadgets, which facilitate the easy distribution and access to protected content for free. This has compounded the issue, making piracy more prevalent and damaging. Artists and writers have lobbied the government for legal reforms to include provisions for private copy remuneration and caller tune revenue sharing. However, these efforts have faced delays for the past three years, exacerbating the problem and further eroding sales and the value of creative works.

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Beyond financial losses, piracy also damages consumer trust. Pirated products, often of poor quality, can tarnish a creator’s reputation and brand. For example, book publishers have received complaints about poorly made books they never supplied, while DVD buyers have found their discs filled with inappropriate content. Such experiences undermine confidence in legitimate products, making it even harder for creators to maintain their market presence.
Collective Management Organizations (CMOs) like Uganda Reproduction Rights Organisation (URRO), Uganda Federation of Movie Industry (UFMI), and Uganda Performing Right Society (UPRS) are at the forefront of the fight against piracy. These organizations are dedicated to protecting the rights of creators by ensuring they receive fair compensation for their work. Through licensing, royalty collection, and anti-piracy campaigns, CMOs play a crucial role in maintaining the integrity of the creative industries. For example, URRO has introduced measures such as holographic labels to authenticate books and distinguish them from pirated copies, helping consumers identify genuine products and safeguarding revenue for authors, publishers, and distributors. The Uganda Federation of Movie Industry (UFMI) actively targets illegal film vendors, removing pirated content from the market and holding offenders accountable. Similarly, UPRS focuses on protecting the rights of musicians and performers, ensuring they receive due royalties and minimizing the circulation of pirated content.

While CMOs are making significant strides, the fight against piracy requires a united front. Artists, writers, and enterprises in the creative industries must actively collaborate with these organizations to implement comprehensive strategies. This includes not only enforcement but also public awareness campaigns that educate consumers about the value of purchasing authentic products and the harm caused by piracy. Artists, writers, and enterprises have the ability to amplify the message of CMOs, reaching a broader audience and fostering a culture that respects intellectual property. By endorsing and participating in anti-piracy initiatives, creators and enterprises can position themselves as leaders in the fight to protect creativity, enhancing their reputation as champions of quality and integrity.
The battle against piracy is on-going, but by working together, we can turn the tide. Artists, writers, and enterprises in the creative industries must recognize the importance of supporting CMOs like URRO, UFMI, and UPRS in their efforts to defeat piracy. This collaboration is not just about protecting revenue—it’s about preserving the future of creativity itself. By joining forces, we can ensure that creators are fairly compensated, that consumers have access to authentic, high-quality products, and that the creative industries continue to thrive. The time for action is now. Let’s stand together to protect what we value most: the creativity that enriches our lives and shapes our culture.

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Charles Batambuze Vice Chairman National Culture Forum (NCF) apex body for all associations and federations in creative sector of Uganda.

The writer is Vice Chairman of the National Culture Forum (NCF). www.ncfuganda.org.ug

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