Collective management of copyright and related rights under Rwandan law

Abstract

The present study is entitled “Collective Management of Copyright and Related Rights under Rwandan law”. It’s focus is to highlight and discuss these critical issues facing and impeding the efficiency in the administration of the collective management organizations in Rwanda and consequently undermining their endeavor and basic objective of, inter alia, reducing the plight of the local authors and artists and reducing the negative attitudes towards protection of individual copyright and related rights. In order to attain those objectives, the study was designed as a doctrinal-based with no component of qualitative study. It was conducted through a review of literature as well as an examination of relevant sources of law both statutory and judicial, and an analysis of international and foreign law. In that framework, Rwandan legal text books relevant to the topic were consulted, as well as various publications including journals, reports and electronic sources, among others. The present work is subdivided into two chapters. The first chapter concerns the notion of collective management and their role in the exercise of copyrights and related rights. The second chapters highlights the organization and functioning of CMOs and their efficiency The study ends in a general conclusion that summarizes key findings before formulating recommendations for the improvement and effectiveness in the protection of copyright and related rights. Among other key findings, the study found that though violated, copyrights and related rights are protected by the 2009 IP law. However, the study found that that law presents some loopholes that need to be corrected through enacting a new law with more provisions relating to administration and monitoring collective management organisations for owners’ rights to be more protected. Loopholes at issue include provisions regarding critical issues facing and impeding the efficiency in the administration of the collective management organizations in Rwanda, the impracticability of individual monitoring the use of his/her works, infringements and prosecution which is subjected to the victim’s request, indemnification of the suspected infringer who wins the case, the pertinence of evidences, the computation of damages referred to the exact suffered prejudice. The study furthermore found that the awareness of both the Rwandan community and copyrights and related rights owners on IPRs protection is still low. In order to overcome challenges that prevent copyrights and related rights owners to enjoy their rights, recommendations were formulated.