The Challenges Related to Copyright Enforcement: A Case Study of the Music Industry in Rwanda

Abstract

Copyright infringement is the unauthorized use of works under copyright, infringing the copyright holder's "exclusive rights", such as the right to reproduce, distribute, display or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying "intellectual property" without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. The enforcement of copyright is the responsibility of the copyright holder. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages. Copyright holders have started to demand that states act to defend copyright holders' rights and enforce copyright law through active policing of copyright infringement. It has also been demanded that states provide criminal sanctions for all types of copyright infringement and pursue copyright infringement through administrative procedures, rather than the judicial due process required by TRIPs. In my research, I have identified 67 people in general whom I thought where key in the area of music industry. Among them 20 right owners such as producers, performers, composers, publishers, script writers, 20 consumers including the users of music works in hotels, bars, restaurants and hair saloons, 10 marketers and distributors, 10 broadcasting organizations, 2 from the enforcement agencies such as Rwanda Revenue Authority and Police (Anti-smuggling department), 2 from the policy makers (Ministry in charge of culture and Copyright office in Rwanda Development Board), 3 representing the judges and barristers. The methodology I have used is the distribution of questionnaires with closed and open questions through interviews. The research proved that there is poor management and lack of enforcement of the law on intellectual property especially on the part of copyright. I cannot assume that my research is complete but I consider it to be of a great value as a starting point to debate this issue and take appropriate measures to fight against the copyright infringement in Rwanda. Hopefully, further researches will be conducted in the same area.