Copyright Enforcement as an Enabler for Creative Industries in the Kingdom of Eswatini Focusing on the Music Industry

Abstract

arch mainly sought to analyse the role of copyright enforcement in enhancing the creative industry in the Kingdom of Eswatini mainly focusing on the music industry, with the main object of coming up with strategies for ensuring that copyright is recognized, supported and effectively utilized to achieve its intended benefit in the development of the country’s economy. Acquiring a copyright over one’s creative work is one-step towards achieving maximum economic and personal returns, however if this right cannot be effectively enforced it is of no value. Copyright enforcement is therefore one of the pillars of a healthy copyright system as such this paper looked at copyright enforcement in the Kingdom of Eswatini with the intention of exploring how it can be used to enhance the creative industry. The study used the economic theory in carrying out the research. In this regard, the international legal framework on copyright enforcement was discussed as well as the Eswatini legal and institutional framework for copyright enforcement in order to ascertain whether there were any shortcomings that negatively affect the industry. The researcher came across various constraints such as very poor response from informants, technical communication issues financial and time-constraints among others. However, despite these limitations, the paper managed meet the objectives of the study mainly with respect to analysing the copyright system of the country, ascertaining the level of knowledge and awareness on copyright in Eswatini as well as identifying the gaps on the Copyright legislation with respect to copyright enforcement. Copyright infringement was found to be the main obstacle for the music industry in the country, especially piracy. This was mainly attributed to the failure to review the old Copyright Act for over a 100 years, Lack of copyright awareness among others. The paper further came up with recommendations in order to ensure the copyright enforcement pillar is effectively used to enhance the music industry. The main recommendations entail development of an IP policy, full implementation of the new Copyright Act, building capacity and awareness on copyright among others.