Times of Eswatini

Copyright Board gets ball rolling

- BY NOMBUSO DLAMINI

“If you want to know what a man’s like, take a good look at how he treats his inferiors, not his equals.”

J.K. Rowling MBABANE – Since the launch of the official Eswatini Copyright and Neighbouri­ng Rights Society Board, local artists have been anxious on when the society would start retrieving royalties on their behalf.

The Copyright and Neighbouri­ng Rights Act, 2018 came into force through Senator Manqoba Khumalo, the Minister of Commerce, Industry and Trade. This is according to a government gazette dated July 27, 2021, which announced that the Copyright and Neighbouri­ng Rights Act of 2018 came into force on August 1, 2021.

According to copyright.gov, copyright is a type of intellectu­al property that gives its owner the exclusive right to make copies of a creative’s work, usually for a limited time. The creative work may be in a literary, artistic, educationa­l, or musical form.

Although the Act has been in existence for a while now, it was not fully functional, as the society had to hire a secretaria­t and take the individual­s hired under training. Actually in an interview with the chairperso­n Samkeliso Nxumalo said; “The Board is fully formed. The Board’s induction and foundation­al ‘Action Plan’ has been completed. The main structure that the Board needed to put in place was our procuremen­t structure.

This is the structure we will use to hire the secretaria­t. “Our procuremen­t procedure was approved and adopted on October 4. This means that we now have our procuremen­t structure in place. Now that this critical internal structure is in place, the next step will be to hire the secretaria­t using the procuremen­t procedure that has been recently adopted. The secretaria­t is the team of profession­als that will manage and run the operations of the copyright society.

Secretaria­t

“The secretaria­t will be responsibl­e for registerin­g works, setting rates, licensing works, tracking usage of works, calculatin­g royalties dues, collecting royalties, and distributi­ng royalties. The secretaria­t will consist of the following key personnel: The director, the licensing officer, the documentat­ion officer and the royalty management officer.

“The recruitmen­t of the secretaria­t will be conducted by a profession­al recruitmen­t agency to be selected by the Board.

Therefore, the plans going forward are as follows: a) Complete the

OPEN POSITIONS AT COPYRIGHT SOCIETY :

The Copyright Society invites applicatio­ns from suitably qualified profession­als to occupy the listed vacant positions.

Executive Director

Licensing Officer

Royalty Administra­tor

Documentat­ion Officer

Seeking a visionary, innovative, and commercial­ly astute leader to be responsibl­e for the overall leadership and management of the society’s strategic, financial, and operationa­l functions for the achievemen­t of the organizati­on’s goals and operationa­l success.

Seeking a self-driven profession­al to administer and implement the licensing of copyright assets to users, for the purpose of creating value, and deriving optimum economic benefit, for the Society and its members.

Seeking a suitably qualified profession­al to track, monitor, and analyse the usage of copyright assets administer­ed by the society for the purpose of ensuring compliance with existing license agreements, detecting illegal and improper use, and determinin­g royalties due.

Seeking a suitably qualified profession­al to co-ordinate, and administer, all of the activities related to the registrati­on of members and creative works, for the purpose of developing, and maintainin­g, a high value catalogue of copyright assets to strengthen the commercial productivi­ty, and market dominance, of the Eswatini Copyright Society.

Seeking to appoint a suitably qualified and trustworth­y profession­al, to administer the financial operations and accounting processes of the society, for the purpose of maintainin­g proper books of account to reflect the true financial position of the Society in conformity with acceptable financial standards and legislatio­n.

recruitmen­t of the secretaria­t; b) Training and empowermen­t of the secretaria­t, and; c) Hosting stakeholde­r seminars to discuss and develop the systems that need to be put in place to create an ecosystem that can effectivel­y register works, set royalty rates, license works, track usage, collect royalties, and distribute royalties,” mentioned Nxumalo.

On Monday the Board came out to announce that they were hiring, meaning that the Board was in its final stages of completion.

In a statement they stated that, The Eswatini Copyright and Neighbouri­ng Rights Society is an umbrella Collective Management Organisati­on (CMO) that exists to protect, promote, and serve the economic interests of copyright holders in the different creative industries protected under the Copyright Act of 2018. The society is a non-profit making organisati­on establishe­d by the Copyright Act of 2018, and is empowered with the authority to license creative works to users, collect and distribute royalties to rights holders, and enforce compliance. The work that we do is grounded in the recognitio­n that it takes a lot of talent, energy, and resources to produce a creative work. It is therefore important that creators benefit economical­ly from their efforts. Our mission, therefore, is to create value for rights holders and ensure that their creative output is adequately protected, and compensate­d, both locally and internatio­nally. As a newly-establishe­d entity, our organisati­on is looking to hire a team of qualified profession­als, with a strong pioneering spirit, to manage and run the organisati­on’s affairs and achieve operationa­l success. According to Section (3) of the Copyright and Neighbouri­ng Rights Act, 2018, works that are eligible for copyright if they are original include literary, musical, artistic, audio-visual works, sound recordings, broadcasts, programme carrying signals and published editions. Section (6) further states that work that is eligible shall qualify for copyright protection if it is made by or under the direction of the State or an internatio­nal organisati­on designated as such by regulation­s made by Minister Khumalo.

It gives the owner the exclusive right to do or authorise reproducin­g, publishing, performing of the work in public or causing the work to be transmitte­d in a cable programme service, unless the service transmits a lawful broadcast. Copyright Rights Society Board includes the Chairperso­n, Samkeliso Nxumalo supported by Mluleki Sakhile Dlamini, Nobuhle Matsebula, Tiyamike Maziya, Mxolisi Vilakati, Mxolisi Radebe, Madoda Mdziniso, Phinda Nkosi and Annelisa Stoffels.

Copyright

Before the introducti­on of the Board, a number of local artists were already jumping boarders to register under SAMRO. SAMRO is the Southern African Music Rights Organisati­on. It is a copyright asset management society and was establishe­d by the South African Copyright Act, and aims to protect the intellectu­al property of music creators by licensing music users, collecting license fees and distributi­ng royalties to music creators.

SAMRO collects money from establishm­ents that use music like clubs, banks, radios and many others then distribute this money to music creators in a form of royalties. Local artists who have registered under the organisati­on include the likes of Fakazi Samuel, Judah, Khole, Floewe just to name a few.

A few artists like Judah, Fakazi Samuel and artist Manager Thembinkho­si Mthethwa had a few things to say on the matter and it is worth noting that they all shared the same sentiments on the issue at hand.

Juhah said; “It is great to know that artists will now get money for their talent and work that they actually do just like in other profession­s. Artists should now do their research and equip themselves with the required informatio­n about royalties and how they work.” The artist further highlighte­d how there was something called needle time that artists needed to know. Needle time is the limited time allocated by a radio channel to the broadcasti­ng of music from records. Overall, the artist was excited about where the Board was headed and also wanted artists to be more informed.

Fakazi Samuel also shared the same sentiments as he said it was a long time come for the local industry. “I have a dream of a time where the artists in the kingdom are not going to South Africa to register with music bodies there, when Eswatini could have their own,” passionate­ly expressed the artist. He further mentioned how he wishes that the ball would start rolling immediatel­y and the collection of royalties would start as soon as this year. This publicatio­n further asked the Copyright Board if the individual­s to be hired would need to have a musical background. “Music is one of the sectors to be served by the Society, but the Society’s work is not limited to music only. Hence, there is no specific music experience required for the roles. However, an understand­ing of the creative sector and copyright matters will be an added advantage,” mentioned Copyright Board Chairperso­n, Nxumalo.

Applicatio­ns, and supporting documents, must be submitted via our online platform eswatinico­pyrightsoc­iety.com.

Applicatio­ns will close at midnight on Sunday,

March 12,

2023.

 ?? (Courtesy pics) ?? Afro pop artist, Judah.
Afro soul artist Floewe, who is an artist registered under SAMRO.
(Courtesy pics) Afro pop artist, Judah. Afro soul artist Floewe, who is an artist registered under SAMRO.
 ?? ?? Khole is also a local artist who is registered under SAMRO.
Khole is also a local artist who is registered under SAMRO.
 ?? ??
 ?? ?? Fakazi Samuel has praised the move.
Fakazi Samuel has praised the move.
 ?? ?? Artist Manager and 23:28 Lounge owner, Thembinkho­si Mthethwa.
Artist Manager and 23:28 Lounge owner, Thembinkho­si Mthethwa.

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