INTELLECTUAL PROPERTY PRESENTATION

NAME: LULIWA SABINA

REG: 121-053011-26190
QTN: APPLICABILITY OF THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT CAP 222
AND SHALL DEAL WITH THE QUESTION OF WHETHER IT APPLIES TO ONLY CITIZENS OR
ALSO NON CITIZENS.
The Black’s law dictionary 8th edition at page 361 defines the term copyright to mean a regime
of law that protects literary, scientific and artistic works.it is a branch of intellectual property
that is concerned with the mode of creation, regulation, protection and enforcement of
qualifying works.
Intellectual property stems from Article 26 of the 1995 Constitution of Uganda which states
that every person has a right to own property either individually or in association with others.
The law of copyright therefore gives an author of original work exclusive rights for an
ascertainable period of time to exploit and benefit from the work including its publication,
distribution and reproduction.
In line to protection and promotion of copyrights in Uganda section 1 of the of the Copyright
and Neighboring Rights Act is to the effect that this act applies to any work created or
published before the commencement of this act which has not yet fallen in the public domain
and where the work is created by a citizen of Uganda or a person resident in Uganda.
Furthermore section 80 of the CNRA is to the effect that a copyright or neighboring rights
owner who is not a citizen or resident of Uganda shall be protected under this Act if the work
was first published in a country which is a member of any of the organizations specified in part
1 of schedule 2 to this Act.
The Act further protects work that was first published in Uganda, irrespective of the nationality
or residence of the author. Therefore this Act protects authors who are non-citizens in Uganda
who fall within the meaning of this section.
Reference shall be made to the case of Garfield aka Konshens V Airtel Uganda limited civil suit
no.545 of 2015 where the artist was a Jamaican singer who was stated to be the author and
composer of songs among others Jah love me sued Airtel Uganda ltd, on mobile Global ltd and
Mtech limited for using his music as caller tunes without his permission. Court held Airtel
Uganda ltd and on mobile global ltd jointly liable for copyright infringement .the high court of
Uganda found that Airtel and on mobile global ltd had accessed and used the artists musical
works without his consent and as a result the court awarded konshens 180,000 dollars in
general damages and 13,446 dollars in exemplary damages.
Additionally court held that those who aid and abet primary infringement are also laible for
infringement.
Section 3 of the Copyright and Neibouring Rights Act is to the effect that the author of any
works specified in section 4 of this act shall have a right of protection of the work, where the
work is original and reduced to material form in whatever method irrespective of the quality of
the work or the purpose for which it is created. Work is referred to be original if it is the
product of the independent efforts of the author.
Section 4 of the Copyright and Neighboring Rights act gives us the work that is eligible for
protection to start with:
Literary works: section 2 of this Act defines literary works to include novels, stories, poetic
work, text books and everything expressed in print or writing. Copyright law does not extend to
short combination of words, simple phrases, signatures, and slogans, lacking any literary
compositions.
In Green V Broadcasting Corporation of Newzland 1989 court held that names, titles, and
simple phrases have no protection.
It should be noted that some categories of literary works maybe excluded by implication.
Section 6 of this Act excludes public works from protection that is to say an enactment
including an Act of parliament, decree, statutory instrument, court decisions, news of the day,
law reports and written laws among others.
Musical works: section 2 of the CNRA does not provide a definition for musical works. However
the copyright Act of Zimbabwe specifically section 5 defines musical works to mean work
consisting of music but does not include any work or action intending to be sung, spoken, or
performed with the music.
For work to be musical the following elements must be fulfilled i.e. sound recording, lyrics
composition, and musical composition and music performers.
Section 4 of the CNRA lists dramatic musical works and musical works as part of the works
eligible for copyright protection.
In the case of Saw kins V Hyperion Records ltd the issue was whether copyright subsisting in
modern performing editions was musical work, the court of appeal held that effort, skill and
time spent in making the three performing editions were sufficient to satisfy the requirements
that they were original works.
It should be noted that separate copyright exists in the lyrics and the song itself. The lyrics
constitute the literary works and the song tune is protected as musical works.
Artistic works: the CNRA section 4(1) (f) lists works of drawing, painting, photography,
typography mosaic, architecture, sculpture, engraving lithography and tapestry as works
eligible for copyright protection in Uganda.
Section 4(1) (g) names works of applied art whether handicraft or produced an industrial scale
and works of all types of designing as works of art and therefore fit for copyright protection.
In the case of Stella v Atal.v.Ann Abel s. kiruta TA 97 Africa Arts and crafts judgment was
entered in favor of the plaintiff against the defendant for UGX 5,000,000 for general damages,
permanent injunction to restraint the defendant or her agents or servants from reproducing,
assembling and distributing artistic copies of the plaintiffs copyright work.
In creation records Ltd v news group newspapers ltd 1997 it was held that the process of
arranging objects and members of a group to form a scene comprised in the photograph could
be considered a sculpture or work of artistic craftsmanship.
Scientific works: section 2 of this Act defines computer programs to mean a set of instructions
expressed in any language, code or notation intended to cause the device having an
information processing capacity to indicate, perform, or achieve a particular function task or
result.
Section 4 of this Act lists work eligible for copyright protection to include computer programs
and electronic data banks and other accompanying materials. In Digital Solutions ltd V MTN
Uganda ltd (misc.appl.no.546 of 2004) court held that the applicant had protection of the law
and was entitled to compensation.
Derivative works: section 2 of this Act defines derivative work to mean work resulting to
adoption, translation or other transformation of an original work but which constitutes an
independent creation of itself.
In the case of Bryne V Statistic Company it was held that the translation was an original work.
Dramatic work: include works of dance and mimes.
For dramatic work to qualify for protection, it must be a work of action that is capable of being
performed. In Norowzian v Arks they defined dramatic work as work of action, with or without
words or music which is capable of being performed.
The court of appeal in this case accepted that the maker of a film may simultaneously produce
two copyright works that is to say a film copyright in the fixation and a dramatic work in the
cinematographic. Section 2 of the CNRA defines performance to mean the presentation of a
work by actions such as dancing, acting, playing, reciting, singing and delivering.
Section 12 of the CNRA gives us the duration of the copyright protection and it is to the effect
that the economic rights of an author in relation to a work are protected during the life of the
author and 50 years after the death of the author.
Section 5 of the CNRA is to the effect that ideas, concepts, procedures, methods, or other
things of a similar nature shall not be protected by a copyright under this Act.
In conclusion therefore the CNRA applies to citizens of Uganda and non-citizens who fall within
the meaning of section 80.

REFRENCE
1. 1995 CONSTITUTION OF UGANDA AS AMENDED.
2. THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT CAP. 222
3. THE BLACKS LAW DICTIONARY 8TH EDITION.
4. CASAE LAW.