Copy Right Bill could bring Royalty to Rights Holders

The parliamentary Science & Technology Affairs Standing Committee is reviewing a bill for an amendment of the copyright law. The amendment could enable rights holders to receive royalties through the Collective Management Society (CMS), which would collect on their behalf.

The Ethiopian Intellectual Property Protection Office (EIPPO) has worked for two years to amend the Copyright and Neighboring Rights Protection Proclamation (410/2004), says Birhanu Adelo, the EIPPO director general. Items missing from the proclamation were the benefits rights holders should receive when their works are used for commercial purposes, or are re-performed, and what the bill calls “applied art”. In Amharic this is referred to as edetibeb (handicrafts). Photographs will also be better protected if the bill is ratified.

“There has been no statement about the benefits of rights holders regarding the use of their products in broadcasts or on the internet,” said Birhanu.

Birhanu also says the EIPPO has looked at the legislation relating to rights holders in Botswana, Ghana, Malawi, Nigeria and the United States, as well holding discussions with stakeholders.

The new bill proposes restructuring the CMS, giving it the authority to collect and distribute royalties to rights holders.

The existing article 6, subarticle 2, requires photographs to exist in the form of books or collections to get protection, in addition to originality and fixation.

“The amendment on the protection of photographs was made in order to conform with international copyright law which requires works to receive protection without any prerequisite,” Birhanu asserted.

The bill also proposes to take the power of adjudication from the regular courts and give it to the Intellectual Property Tribunal, a body to be established under the EIPPO. Some members of parliament expressed concerns that the bill would erode the rights of the courts. They have requested it be examined in light of Article 37 of the constitution, which refers to the right of people to take their cases to a court of law, or any other competent body with judicial power.

“I hope that the new bill will bring change in copyright protection so that copyright holders receive royalties for the first time,” Dawit Yifru, the president of the Ethiopian Musicians Association told Fortune. “The tribunal will also facilitate decision making on copyright cases, as courts have been taking too long to settle such cases.”

The amendment was on the table of the Council of Ministers, the National Intellectual Protection Council, Ministry of Justice, and the Prime Minister’s Office. The suggestions from these bodies are included in the amendment before it was presented to the Parliament.


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