The Debate Over Music Copyright Deals in Uganda
Music copyright deals have long been a contentious issue within the Ugandan music industry. These agreements often involve exclusive recording contracts, where artists pledge allegiance to a single label for the duration of the agreement. Under such deals, labels claim ownership not only of songs created during the contract period but also of works produced earlier. This practice, known as seizing the masters, means that the original recordings are locked away, leaving the artist without ownership or creative control.
This situation has led to significant grievances among artists. One notable example is George Michael’s legal battle with Sony in 1992, which highlighted the power imbalance between artists and record labels. Once an artist achieves stardom, the drawbacks of these deals become apparent. However, by then, it is often too late to renegotiate terms, as managers and labels hold onto the masters, aware of their true value.
Proposed Reforms in Copyright Law
To address these issues, the Ugandan government has proposed a 20-year cap on music copyright deals. This provision is part of the Copyright and Neighbouring Rights (Amendment) Bill, tabled in May 2025 by Justice and Constitutional Affairs Minister Norbert Mao. The bill is currently under scrutiny by the Legal and Parliamentary Affairs Committee, chaired by Bukhooli North MP Stephen Bakka Mugabi (NRM).
At the core of the proposal are Sections 13A and 13B, which aim to ensure that copyright reverts to the creator after twenty years. Section 13A (1) states that the assignment, licence, or transfer of economic rights in a copyright shall be valid for a period not exceeding twenty years from the date of the assignment, licence, or transfer. The reversion can occur at any time during the five years prior to the expiry of the twenty years.
Attorney General Kiryowa Kiwanuka described this as a game changer, emphasizing that no contract should last longer than twenty years. He explained that the current system allows creators like Kafeero to lose out on benefits from their songs over the years. The proposed law aims to rectify this by ensuring that artists can reclaim their rights after two decades.
Perspectives from Industry Stakeholders
Despite the potential benefits, some industry stakeholders have raised concerns about the implications of the 20-year cap. Mercy Kainobwisho, Registrar General of the Uganda Registration Services Bureau (URSB), called for amendments to Clause Six of the Bill. She argued that the phrase “subject to the contract of assignment, licence or transfer” could render the provision ineffective if the contract provides for a period longer than twenty years.
Sulaiman Kamulegeya, known as KS Alpha, believes that real returns on investment often come after twenty years, which could discourage long-term investors. Charles Batambuze, executive director of the Uganda Reproduction Rights Organisation (URRO), agrees that such matters should be handled within contracts rather than being mandated by law. He warns that including such provisions in the principal law could be disastrous for the under-invested sector.
James Wasula, executive director of Afrigo Band, also supports this view. He argues that reversion could deprive copyright owners of maximum exploitation of their work and contradict the spirit of contracts. He urges that the provision be expunged from the amendment to create a more profitable environment for the industry.
Reforms in Collective Management Organisations
In addition to the 20-year cap, musician-turned-politician Hillary Kiyaga suggests that Collective Management Organisations (CMOs) should adopt the Kenyan model. He highlights the role of CMOs in managing copyright matters and acting as intermediaries between creators and users. In Kenya, different organizations handle specific aspects of copyright, such as royalty collection and rights management. In contrast, Uganda consolidates all functions under one entity.
Kiyaga proposes that Uganda establish an independent body to handle copyright matters, similar to the Kenyan approach. This would ensure fair compensation for creators while making it easier for users to access and utilise creative content. By learning from Kenya’s model, Uganda could enhance its copyright management system and attract more investors to the music industry.