Copyright, in its essence, is a fundamental pillar of creativity and intellectual property protection. It’s the backbone of the artistic world, granting artists the rights and recognition they deserve for their imaginative contributions. However, in Uganda’s telecom industry, copyright has recently been thrust into the spotlight, with allegations of infringements by some of the major players.

The practice of using Ugandan artistes’ music as caller tunes without proper compensation or permission raises profound concerns about the recognition of intellectual property rights. Artistes invest their time, talent, and resources into crafting music that entertains, informs, and speaks to the hearts of their listeners. Yet, when telecoms employ their creations without obtaining the necessary licenses, the value of their artistry is diminished.

One might argue that the use of music as caller tunes introduces artistes to a wider audience, enhancing their visibility. While there is merit to this point, it must not overshadow the essence of ownership and fair compensation. When telecoms exploit artists’ work without remuneration, it sends a disheartening message: that the painstaking effort poured into creating art is not deserving of proper recognition.

Moreover, this issue raises questions about the telecoms’ corporate responsibility. As entities that thrive on communication and connectivity, they ought to serve as exemplars of ethical practices. Acknowledging and respecting copyright is not just a legal requirement; it is a demonstration of integrity and commitment to supporting the very creators who enrich society.

The music industry in Uganda, like any other creative sector, relies on a delicate ecosystem of collaboration and innovation. Artists, producers, and the various professionals involved in the process depend on a sustainable revenue stream to continue producing high-quality content. When telecoms bypass the rightful compensation channels, they undermine this ecosystem, ultimately jeopardizing the industry’s growth and vitality.

To address this conundrum, collaboration is key. Telecoms, artists, regulators, and copyright agencies must come together to establish transparent frameworks that ensure artists are fairly compensated for the use of their work. This requires the telecoms to invest not just in infrastructure, but also in fostering an environment that values creativity and intellectual property.

Let’s rewind to 2021 when telecommunications giant MTN Uganda found itself in the midst of a legal battle. The case revolved around the alleged sale of the hit song “Kwata Esimu,” belonging to Winnie Nwagi and Mubarak Adams Mandela, aka FreeBoy as a caller tune without the artists’ consent. Viva Entertainment Limited, representing the two artists, argued that this unauthorized use infringed upon their copyright.

Viva Entertainment didn’t just create a catchy tune; they invested their creativity, resources, and effort into producing a musical work that resonated with the public. They had intentions of commercializing the song through exclusive licensing to corporate entities in Uganda and abroad. However, MTN, in providing caller tunes to customers, proceeded to use the song without proper consent or compensation.

This case exemplifies the ongoing struggle to protect copyright in Uganda’s artistic landscape. The unauthorized use of artistic creations, especially in the telecom industry, raises fundamental questions about the value society places on intellectual property. The artists, who are the lifeblood of our cultural expression, deserve fair recognition and compensation for their work.

Fast forward to 2023, and another ruling highlights the importance of copyright. Airtel Uganda was ordered to pay $180,000 (about 670 million Ugandan Shillings) to Jamaican singer Garfield Spence, popularly known as Konshens. In a case dating back to 2015, Konshens claimed that Airtel, along with Onmobile Global Limited and Mtech Limited, distributed his songs as caller tunes without his consent and without paying him any royalties.

The court’s decision, delivered by Justice Patricia Mutesi, declared that by using and distributing Konshens’ songs as caller tunes without his consent, the defendants were jointly liable for copyright infringement. It also stated that the defendants’ distribution of the songs without remitting proceeds to Konshens amounted to unjust enrichment.

This ruling reinforces the importance of upholding copyright and ensuring that artists are compensated fairly for the use of their creations. It sends a message that artistic works should not be exploited without proper authorization, and copyright laws exist to protect these rights.

The cases of both MTN and Airtel underscore the need for vigilance and accountability in respecting copyright. Artists, whether local or international, deserve recognition and compensation for their contributions to the rich tapestry of our cultural heritage. Telecom companies, as major players in the distribution of artistic content, must act responsibly, ensuring that they obtain proper licenses and pay artists their due royalties.

Upholding copyright is not just a legal obligation; it’s a moral imperative that safeguards the livelihoods of artists and encourages a thriving creative ecosystem. It’s high time that we collectively recognize the significance of copyright and ensure that our artists receive the respect and compensation they rightfully deserve.

In the digital age, where artistic content can be disseminated instantaneously, the principle of copyright holds even greater weight. Let us not allow convenience to overshadow the importance of respecting intellectual property. Only through collective efforts can we ensure that Uganda’s artistes receive the recognition and compensation they truly deserve.