After a lengthy sabbatical away from Afro-IP pursuing a
Doctorate degree in Intellectual Property and Internet Law in the U.S, this Leo
returned a few days ago to Uganda. The first welcoming news on the TV screens was
a report of the Ugandan Police firing shots in the air in Downtown Kampala as
they dispersed a crowd that was wrestling with Copyright Enforcement Officers.
The Law Enforcement officers were in the process of arresting an Asian “businessman”
that had been in the business of trading in illegally reproduced DVDs. A large
crowd gathered and was trying to fight off the police, under the assumption
that the arrest was baseless.
It was interesting to see the “businessman” (there go those
quotation marks again) clasp onto the iron bars near his store as he resisted
arrest. The camera went on to show thousands of DVDs on display in his store
featuring Ugandan movies popularly known as Ugawood
movies.
As a Country, we probably still have
a long way to go in preaching the bad about copyright infringement in the
Ugandan circles. It is, however, quite encouraging to see that the Ugandan
Copyright Enforcement Police Division is getting a grip of what it means to
protect the copyright interests of our emerging Entertainment Industry.
Hollywood, Bollywood and Nollywood
have been generating Billions of Dollars for the entertainment industries in
the U.S, India and Nigeria respectively. This mainly leans on the fact that the
enforcement of the law as well as market support against copyright
infringements largely favors these industries (this is not to say that there
are no copyright infringements of movies in any of these countries).
Ultimately, not only the industry players, but the countries – as a whole –
have benefitted economically and socially.
In Uganda, the Copyright and
Neighbouring Rights Act of 2006 provides for civil remedies and criminal
sanctions against those engaged in the acts of Copyright infringement (see
Sections 45, 46 and 47 of the Act). Nonetheless, the Enforcement Police have
constantly engaged in battles with those caught in the act of infringing or in
possession of infringing products. What makes this interesting is not because
the suspects are caught red-handed and try to flee from arrest, but the fact
that they always try to resist arrest on the false believe that the arrest is
not justified.
Is it the case then that
dissemination of the law is still wanting – eight years after enactment, with a
countless number of publications, seminars, media programs and so on, that have
been passed out to various stakeholders – inclusive of the likes of the Asian “businessman”?
Or is it the case that we should continue
fronting the age-old argument that as a Least Developed Country, we can’t
afford original DVDs and the best way of appealing to the masses is by dealing
in affordable duplicate DVDs?
What most people do not realize is
that we have gone beyond disrespecting foreign works of copyright and are now
also killing our own local entertainment industry before it even has the chance
to grow effectively. The more we encourage illegal reproduction of Ugawood
DVDs, the less profits will accrue to the Entertainment Industry. Ultimately,
their incentive for further innovation as well as the financial capital to
support more movie productions, will be eroded.
It is therefore only consistency
from the Enforcement Police that will eventually crack the illegal practice of
DVD copyright infringement in Uganda. More search and arrest operations are
necessary to drive the point home that the law is here to stay and what may
seem right as a business practice for the common man downtown is not
necessarily what is right legally and morally.
