8 must-know things about copyright law and protection in Africa

When your work turns from an idea into a physical asset, that work can and should be protected by copyright. Yet, there is a major threat to copyright: content piracy.

Today, content piracy affects the music, film and TV industries. It not only steals from the people who might earn a living from the content created, but also from the audiences who might otherwise get to enjoy more relevant shows, movies, series, written work and music.

This is because when the local industry is not viable because of content piracy and the violation of copyrights, content platforms stop commissioning local content and supporting local economies.

To recognize and combat content piracy, you must understand the copyright laws and protections granted to you. While navigating copyright laws in Africa can be tricky, here are eight things you should know to protect you, your work or your business from content piracy:

1. Copyright protection varies from country to country

In many African countries, copyright protection is applied automatically as soon as something is created. This means you don't need to register your work to have legal rights over it.

While it is always advisable to document your work with clear records and dates, you should also take note of your country’s specific conditions and requirements to be eligible for copyright protection and ownership.

Copyright ensures hyperlocal content, like the stories told by MultiChoice Africa, is protected. This content entertains, it nurtures, it captures society’s imagination. It helps build local culture.

2. Copyright can last for up to 50 years

Generally, the term of copyright is 50 years. However, this also depends on the type of work that has been created.

When it comes to literary, musical or artistic works, copyright exists for the life of the author plus 50 years following death. While copyright for films, photographs and sound recording lasts for 50 years from the end of the year in which the work is made publicly available.

3. You’re granted exclusive rights

Copyright grants you exclusive rights to control how your work is used. This includes the right to reproduce, distribute, adapt, and publicly perform your work. Understanding these rights is crucial for protecting your creations and leveraging them for opportunities.

4. Copyright can be transferred

Copyright, much like other forms of property, can be transferred through assignment, inheritance, or by operation of law. It can also be licensed to others for specific uses, often in exchange for royalties.

5. Contracts are essential

When collaborating with other creators, always use clear and comprehensive contracts. These agreements should define ownership rights, permitted uses of the work, and any compensation involved. This helps prevent misunderstandings and conflicts in the future.

6. Piracy is a huge threat

Content piracy is particularly potent in Africa, where it directly undermines the continent's creative potential. Content piracy involves the unauthorised acquisition, use, sharing or selling of copyrighted content. Put simply, piracy is stealing.

Fortunately, in the fight against piracy, MultiChoice Africa is working hard to uncover illegal operations and protect Africa’s ability to tell its own stories.

7. Laws change and evolve Copyright laws are not static; they are regularly updated and amended to reflect changes in technology, creative practices, and international agreements.

It is essential for you to stay informed about any new legislation or changes to existing laws in their respective countries. This proactive approach ensures ongoing compliance and helps creators protect their rights effectively.

8. There are organizations that protect you

Collective Management Organizations (CMOs) play a vital role in the creative ecosystem by representing the copyright interests of many creators.

MultiChoice Africa actively partners with CMOs across the continent to ensure fair compensation is distributed to creators when their work is used. This approach supports a sustainable creative industry where creators are recognized and rewarded for their work.

Not only that, through campaigns like Partners Against Piracy, MultiChoice Africa is investing in anti-piracy measures that contribute to the growth of the African film and TV industry, ultimately leading to higher quality productions and increased global recognition.

“When copyrighted property is stolen, it's not just content that's being taken – it's the livelihoods, the families, and the futures of the creators who poured their heart and soul into their work,” says Frikkie Jonker, Director of Broadcast Cybersecurity and Anti-piracy at Irdeto, a partner of MultiChoice Africa. “This is why the fight against piracy is so critical – it is a fight to protect people’s right to earn a living from their creative abilities and their production skills.”

While the war on piracy is still on going, it’s up to creators, businesses and all African storytellers to understand the power of copyright law and protection to ensure the security and sustainability of the continent's creative industries.

For more information visit: https://www.multichoice.com/partners-against-piracy.php

Report Piracy: International Hotline - +27 11 289 2684 [email protected]

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