Key figures in Rwanda's creative industry are voicing concerns on social media, arguing that the new intellectual property law--which permits the government, schools, and religious institutions to use their works without consent or payment--poses a significant threat to the industry.
This controversy stems from Article 301 of the July 31 Official Gazette, Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property. The law allows the government and religious institutions to use artistic works freely, without the author's consent or payment of royalties, as long as the public performance is not for profit.
Also read: Can Rwanda turn the tide on music royalties?
The article permits the public performance of a work without the author's consent and without payment of royalties under specific conditions: if the performance occurs during official or religious ceremonies where it is not for profit; as part of educational or public awareness activities conducted by the government or non-profit organizations where the performance is also not for profit; or as part of teaching activities within an educational institution, where the work is performed for staff, students, or individuals directly involved in the institution's activities.
This development comes amid ongoing challenges in Rwanda regarding the collection and distribution of royalties. According to the Rwanda Society of Authors (RSAU), only Rwf55 million was generated and distributed between 2019 and 2022.
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Speaking to The New Times, Intore Tuyisenge, president of the Rwanda Music Federation, expressed disappointment, noting that while the new intellectual property law was anticipated to uplift Rwandan artists, it instead threatens to undermine the industry's already modest gains.
He pointed out that articles 297 to 301 of the new law discourage artists from pursuing their craft or venturing into music professionally.
"How can we create and sustain jobs if the public has free access to our work--into which we invest time and significant money--without paying royalties or copyrights?" he said.
Intore warned that this law could deal a severe blow to the creative sector, stalling the growth of young talent in the country due to the limited returns on investment. "This may force those considering a career in music to rethink their decision because of the lack of financial benefits," he said, urging the government to reconsider the new IP law and consider its potential negative impact.
Music veteran Tom Close also expressed his concerns on X, emphasizing that it is an artist's right to decide whether to benefit from their work or offer it for free, a choice that the new IP law undermines.
https://x.com/tomcloseOG/status/1825236990926938339
"The artist's work should benefit them, and it should be their choice whether to offer it for public use. I haven't read this law in full, but it definitely warrants reconsideration. Those in charge need to help us and follow up on this," the musician posted on X, formerly Twitter.
Bille Ekongolo Mats, a Cameroonian copyright lawyer based in Kigali, highlighted the importance of the non-profit aspect of the new IP law and its public interest goals.
"However, there's a need for more clarity on what qualifies as non-profit, as people might find ways to exploit loopholes," Ekongolo told The New Times.
He pointed out that a Gospel concert, for instance, could be classified as a religious ceremony, yet some might view it as a commercial event. This ambiguity is something that authorities need to address for the sake of the artists.
"Is a concert still considered non-profit if there's an entrance fee? And what if organizers claim it's for charity? These are the questions that need clear answers," he emphasized.
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When asked if the new IP law could be seen as a setback for Rwanda's creative industry, Ekongolo disagreed, noting that "Anything not covered by the exceptions in this article still requires authorization and payment of royalties."
"I don't even believe these exceptions apply to more than 20 percent of public performances," he added.
The discussion extended beyond the creative industry, with the Minister of Youth and Arts, Jean Nepo Abdallah Utumatwishima, also weighing in on X. He announced plans to collaborate with relevant authorities to review and improve Article 301 of the IP law.
"Artists, managers, lawyers, DJs, event managers: We will all talk very soon. Together, we will make improvements," Utumatwishima posted.
https://x.com/jnabdallah/status/1825552980189544557
Strengthening copyright enforcement holds the potential to further elevate Rwanda's music industry, which is already on a promising growth path.
