Prime
Gains made by Performing Right Society
What you need to know:
- While the article is welcome contribution towards the ongoing debate about continued exploitation of musicians and other creative artistes in Uganda, it also contains misrepresentations that undermine the author’s presumed good intentions as a self-described copyrights law scholar.
Our attention has been drawn to an article authored by a one Ray Clyde Muddu–Awulira, in Saturday Monitor of August 14 under the headline, ‘Gen Saleh’s empty gift to artistes, list of rights for the music industry’.
While the article is welcome contribution towards the ongoing debate about continued exploitation of musicians and other creative artistes in Uganda, it also contains misrepresentations that undermine the author’s presumed good intentions as a self-described copyrights law scholar.
The article misrepresents the composition of Uganda Performing Right Society (UPRS), which it also unfairly describes as dubious, and omits readily available facts that would have otherwise been helpful in providing the readers a balanced opinion.
a) UPRS was incorporated in 1985 by leading musicians and other creative artistes of the day to advance the cause of protection and fair compensation for owners of copyrights in Uganda.
Among its many achievements is the campaign it successfully spearheaded to repeal the outdated Copyrights Act of 1964 that was in force at the time, and caused the enactment of the presently in force Copyright and Neighbouring Rights Act of 2006. It is under this law that UPRS is the licensed Collecting Management Organisation (CMO) for musical works in Uganda.
As a CMO, UPRS is responsible for licensing commercial users of its members’ musical works, monitoring usage of its members’ works, collecting royalties for usage of its members’ works and equitably distributing royalties collected to members in accordance with the usage of the musical works.
b) UPRS currently represents more than 4,000 members in Uganda and has more than 16,000 songs in its repertoire. UPRS membership includes composers / authors, publishers, producers and performers of musical works. The society is also a member of the International Confederation of Societies of Authors and Composer (CISAC), the largest network of CMOs that also represent publishers, producers and performers of musical works.
Through its association with this network,
c) While UPRS made significant strides to raise the profile of copyrights protection in Uganda, significant internal weaknesses within the society contributed to its failure to offer better value to its members. As a result, Uganda Registration Services Bureau (URSB) commenced an investigation into the CMO’s affairs in exercise of its powers under the Act after receiving numerous complaints of financial impropriety by UPRS management.
In July 2019, URSB acted on the preliminary findings of its inquiries by suspending key members of the CMO’s management. The regulator also appointed a caretaker administration to, among others, assist it in its investigations, undertake a study of the CMO’s underlying weaknesses and recommend appropriate restructure strategies. This exercise was completed in August 2020 upon which URSB initiated a restructure of UPRS under which the following have since been achieved;
(I).
A new board comprising independent members appointed by URSB and elected members was inaugurated with the specific mandate to oversee the restructure/reorganisation of the CMO to serve its members effectively and transparency.
(II). Created a partnership with National Information Technology Authority for the digitalisation and automation of the UPRS operations by November 2021.
(III). Working in collaboration with key partners such as the Uganda National Cultural Centre, National Cultural Forum, Operation Wealth Creation and Uganda Musicians Association to refocus government attention to the socio-economic importance of the creative industry; and,
(IV).
Initiated partnership discussions with key government agencies such as Uganda Revenue Authority, Uganda Communications Commission and key private sector players that are all vital partners in the commercialisation of copyright.
As clearly demonstrated above, UPRS holds the enviable record of being the lead champion of copyright advocacy in Uganda.
UPRS intends to serve this role even more effectively in future by building the right partnerships with different stakeholders.
Mr Joseph Lagen is a legal officer at UPRS [email protected]
