10yr Jail Term? Showdown Brews Over Copyright Bill As Artists, Lawyers Clash With Parliament

By Our Reporter

Ugandan artists, content creators, and legal experts have voiced significant concerns over the stringent provisions in the proposed Copyright and Neighbouring Rights (Amendment) Bill, 2025.

The bill, discussed during a session with , has sparked debate over its punitive measures and their potential impact on the creative industry. While some provisions have been welcomed, stakeholders are urging Parliament to reconsider clauses deemed excessive and misaligned with international standards.

Representatives from the Uganda National Musicians Federation (UNMF) and the Uganda Performing Rights Society (UPRS), led by their Board Chairperson Martin Nkoyoyo, highlighted three contentious clauses: mandatory annual general meetings (AGMs), contract registration requirements, and a 20-year contractual copyright term.

Nkoyoyo described the penalties for failing to hold an AGM, 10 years’ imprisonment or a UGX 50 million fine, as “unjust” and disproportionate, arguing that such failures constitute administrative breaches, not criminal offenses.

“If a board fails to hold an AGM, this is an administrative breach, not a criminal offense. Why would I serve 10 years or pay UGX 50 million for an administrative breach?” Nkoyoyo asked, emphasizing the potential deterrent effect on domestic and international investors. “These penalties could jeopardize our goals and scare away investors who prioritize long-term stability.”

Nkoyoyo also urged the committee to ensure that artists are well-informed about their rights under the bill, noting that some provisions in the principal act are not widely understood. He proposed revising Section 7, Subsection 3, to align with international treaties and foster a business-friendly environment for the creative sector.

In response, Hon. Asuman Basalirwa (Bugiri Municipality) clarified that Parliament delegates authority to subsidiary bodies to create regulations without diluting the act’s intent. He emphasized that such regulations carry the same legal weight as the primary legislation.

However, John Teira, Deputy Chairperson of the Legal and Parliamentary Affairs Committee, acknowledged the artists’ concerns but defended the need for standardized legislative drafting. Teira noted that deliberate failures to convene AGMs by some board members justify penalties, though he assured stakeholders that their recommendations would be reviewed further.

“This is your industry, and we take your suggestions seriously. We will compare your input with the Attorney General’s recommendations to ensure the law benefits the sector,” Teira said.

Lawyers Reject Excessive Penalties

The Uganda Law Society (ULS), represented by ICT Cluster Chairperson Kenneth Muhangi, also criticized the bill’s punitive measures, particularly Clause 14 (1), which proposes increasing penalties for copyright infringement from UGX 2 million- or four years’ imprisonment to UGX 50 million- or 10 years’ imprisonment. Muhangi described the penalties as “excessive” and called for clearer justification.

“While we acknowledge the need for deterrence, the proposed penalties are unreasonably high,” Muhangi told the committee. “The government must clarify the rationale behind such steep sanctions.”

The ULS also advocated for regulations to address artificial intelligence (AI) in copyright and intellectual property law, emphasizing the need to protect creators’ works in the digital age.

Muhangi proposed either a standalone law or comprehensive provisions within the current framework to clarify ownership and protection of AI-generated content. He further warned that without targeted amendments, the bill risks over-criminalization, due process violations, and uncertainty for businesses and intermediaries.

Despite these concerns, the ULS welcomed the bill as a timely reform to align Uganda’s copyright regime with international obligations and support creators. “With the right amendments, this bill can safeguard constitutional rights, ensure proportional enforcement, and foster innovation in Uganda’s creative and digital economy,” Muhangi said.

While critical of certain clauses, the UNMF, represented by Martin Muhumuza (Research and Development), endorsed several provisions, particularly those addressing revenue sharing for Caller Ring Back Tones (CRBT). The bill proposes a fixed revenue split, 60% to authors and performers, 31.5% to telecom operators, and 8.5% to aggregators, which Muhumuza hailed as a “landmark provision” to address longstanding imbalances favouring telecoms and aggregators.

“For over a decade, CRBT services have been a major source of music consumption, yet creators have been shortchanged. This legally binding formula prioritizes creators’ earnings and ensures transparency,” Muhumuza said.

To maximize the provision’s impact, the UNMF recommended mandatory quarterly reporting by telecoms and aggregators, coupled with deterrent penalties for late or inaccurate reporting. The federation also called for specialized training for Uganda Registration Service Bureau (URSB) enforcement officers in cyber evidence gathering and the creation of a public infringement reporting portal.

The Copyright and Neighbouring Rights (Amendment) Bill, 2025 aims to modernize Uganda’s copyright framework and align it with international standards. However, stakeholders argue that its punitive measures and lack of clarity on certain provisions could stifle creativity and deter investment. Both the UNMF and ULS have urged Parliament to refine the bill to balance enforcement with fairness, ensuring it supports rather than burdens the creative industry.

As discussions continue, the Legal and Parliamentary Affairs Committee has promised to consider stakeholders’ input and refine the bill to better serve Uganda’s artists, content creators, and the broader creative economy.