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UNESCO-CISAC ResiliArt debate: For stronger copyright protection for African creators

On September 30th, the African Day of Copyright and Collective Management, a ResiliArt dabate was organized by CISAC in partnership with UNESCO. The debate brought together African creators, policy makers and the wider creative community and examined the continent’s copyright ecosystem in the face of the COVID-19 crisis. 

In his opening remark, Björn Ulvaeus, the President of the International Confederation of Societies of Authors and Composers (CISAC), set the tone by recognizing the resilience, entrepreneurship and solidarity shown by African artists and cultural professionals. Ulvaeus also called on policymakers to policies and measures that promote fair remuneration for creators. Ernesto Ottone, UNESCO Assistant Director-General for Culture, highlighted the Organisation’s commitment to the protection and promotion of intellectual property in his speech: “When we talk about creative economy, the question of copyright must be brought to the forefront. Through the UNESCO 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, UNESCO is engaging its Members States to strengthen the copyright ecosystem, with special attention on the rise of digital technologies and their impact on the creative sectors.”

Nothando Migogo, an expert in copyright collective management, moderated the panel consisted of distinguished industry professionals: H.E. Abraão Vicente (Minister of Arts and Creative Industries, Cape Verde), Vusumuzi Mkhize (Director General of the South African Departmental of Sports, Arts and Culture, South Africa), Yvonne Chaka Chaka (singer-songwriter, and Vice-President of CISAC, South Africa), Eino-John Max (President of the CISAC African Committee and CEO of the Namibian Society of Composer and Authors of Music, Namibia), Kenny Saint Brown (Author and composer, Nigeria), and Yvan Buravan (Author, composer and RF1 Prix Decouverte winner 2018, Rwanda).

“The digital migration is not a choice – the intellectual property has to be protected.” Vusumuzi Mkhize shared his observation on the ongoing digital transition in South Africa. Among obstacles that inhibits smooth and beneficial transition for artists and consumers is the lack of resources and equitable access to the internet and streaming platforms. Yvan Buravan, who has amassed close to 500,000 followers on social media, shared that his revenue from these platform merely represents 5% of his revenue. “This is low. There should be an insurance of royalties flow first from the local entities such as radio and television… we could go from 5% to 50% or 60%.” Panelists agreed that the current health crisis is escalating this digital migration, hence widening the access gap.

The urgency has been met with action by policymakers across Africa. In South Africa, the Copyright Bill amendment is in discussion at the Parliament. Through the EU/UNESCO project, several African countries including South Sudan and Namibia are revising their copyright and neighbouring rights legislation. Cape Verde is developing a new law that authorizes certain entities to protect and promote copyrights. “Respecting copyright in the digital environment means compensating the artists fairly for the use of intellectual properties. It is more efficient than seeking for donations”, says the Minister of Culture, Cape Verde. 

Throughout the dynamic discussion, panelists called for a greater solidarity between African nations, CMOs and ministries: a strong, united vision across the continent is vital in order to establish Africa as a region where cultural workers are protected through copyright policies and directives both online and offline. “There is a need for more cooperation at government level to make sure that creative workers are allowed to make decisions on the licensing while the government implements laws that protect our rights.” Argued Yvonne Chaka Chaka. 

As the International Year of Creative Economy for Sustainable Development approaches, Africa readies legal frameworks and mechanisms that facilitate the participation and contribution of the artists and creators into the region’s growing creative economy.

Goal(s) of UNESCO's 2005 Convention