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Performers' Rights Detailed In Africa

By KWAKU
Publication: Billboard
Date: Saturday, February 5 2000




ACCRA, Ghana-Performers' organization representatives, copyright administrators, and intellectual-property specialists from 17 African countries were among those who attended a rights workshop held Jan. 12-14 here.
The three-day workshop on collective management of performers' rights was initiated by the World Intellectual Property Organisation (WIPO) with the cooperation of Ghana's Copyright Office and National Commission on Culture (NCC). It was attended by observers from several European bodies, including the Brussels-based Assn. of European Performers and the Paris-based International Federation of Musicians.
WIPO, an intergovernmental organization with headquarters in Geneva, Switzerland, is one of the 16 specialized agencies of the United Nations' system of organizations. It is responsible for promoting the protection of intellectual property throughout the world and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property.
Patrick Masouye, deputy director of WIPO's copyright collective management division, told attendees in his opening speech, "On entry into the new millennium, we must be conscious of the development of the international protection of copyright and related rights, as well as the challenges ahead at both the global and the national level."
Aspects of intellectual-property and contract law were discussed in the workshop. The focus was on disseminating information about the WIPO Performances and Phonograms Treaty (WPPT) among performers.
Topics covered included practical ways in which rights can be collectively protected and remunerated through cooperation with governments and the establishment-or strengthening-of copyright societies in order to accelerate the ratification of WPPT and the WIPO Copyright Treaty (WCT) across Africa. Burkina Faso is the only African country that has ratified both treaties to date.
In some African countries where a relatively established copyright infrastructure exists-for example, South Africa and Ghana-songwriters receive royalties for use of their work within the broadcast media. However, the notion of paying performers for the use of their neighboring rights on recordings is practically unheard of in most of Africa.
The less-than-perfect nature of the copyright environment in Ghana was noted by Minister of Communication John Mahama. However, he also said the country had made great strides toward reducing piracy and enabling a growing number of local recording artists and producers to be paid in their domestic market. He urged participating countries that have not yet established collection societies "to take quickly the challenges of doing so."
NCC deputy chairman Ebo Hawkson noted that many African broadcasters feel their use of songwriters' and performers' output publicizes such work and does not warrant payment. Hawkson urged broadcasters to "give a little bit of money to the people whose work you have used." He added that they should consider "who is doing who a favor."
WIPO currently has no plans for further rights workshops in Africa. Masouye says, "We expect that some of the countries will soon accede to the WCT and WPPT treaties as a result of the meetings we had and create structures with proper administration for copyright societies to improve protection and collection."



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