Malawi Artists To Reap From Their Work As Copyright Bill Passed By Parliament

Artists in the country expect concerned parties to take up their responsibility in ensuring that the newly passed Copyright bill start to bear fruitful results that will benefit the owners of talent and artistic works.

The Copyright bill has been passed on Thursday repealing a Malawi Copyright Act of 1989 to respond to new developments regarding copyright.

Artists particularly musicians who were following proceedings at Parliament sung a Gospel song "It Is Well"  immediately after passing of the bill.

However, artists have stressed that Malawi artists can benefit if all stakeholders like enforcement agencies begins enforcement of the law to ensure that no one is pirating their works.

"I would expect that the bill be implemented and that accompanying laws be instituted by the responsible parties because this is not just for CoSoMa." Said Copyright Society of Malawi (CoSoMa) Board Member and Musician Rudo Mkukupa "We work hand in hand with different parties like courts, police, and government so each party has to do its role. We expect various concerned parties to take up their responsibility. If that is done then we shouldn't have any problem."

Like many other artists, Mkukupa says passing of this long awaited bill brings hope to artists that their work will now be protected from piracy which has badly affected their business.

"We are so happy that the Copyright bill has finally passed. It has been a long fight just to get this bill in Parliament and passed" she said further hoping that this is first step towards seeing profits for creators of talent and arts in Malawi.

Mulanje South Legislator and comedian, Bon Kalindo said this is now "a light at the end of tunnel" after long suffering from piracy problem.

"Like myself as an artist, I have had enough of this piracy," said Hon Kalindo "People were just taking my work and sell them elsewhere without them being punished. But now, am happy that there is a law and I will be protected, I will now benefit from my work."

Minister of Youth and Spots, Grace Chiumia said Government will ensure that the bill is implemented and ensure that there is enforcement of the law. She also said her ministry and of Education will work out on some suggestions that music be incorporated in Malawi's curriculum.

Some offenses under the newly passed bill includes:  fine of K5 million and to imprisonment for two years for person who infringes any copyright.

The repealed law was week where offenses of infringing someone's rights ranged from fines of K200 to K15 thousand. The current bill has increased fines to K10 million. It has also set up the provision of 75 percent of the funds where if artist has a case in court relating to rights infringement the convict fines will be the money and 75 percent will go to the Copyright Fund. To benefit copyright holders and promotion of creativity and strengthen artistic skills.

The Act was under review among others in order to bring it to international standards and make it compliant with the WIPO Internet treaties; To facilitate prosecution of copyright infringement cases and to incorporate provisions on reprographic reproduction and extend collective licences.

Works protected by Copyright Act are: (a) Literary, dramatic, musical and artistic works; (b) Expressions of folklore developed and maintained in Malawi; (c) Performances; (d) Audio-visual work and sound recordings; (e) Broadcasts; and (f) Typographical arrangements of works published in Malawi.

Some of the Offenses and Penalties in the Amended Act

(1) Any person who infringes any copyright commits an offense and shall on conviction, be liable to a fine of K5,000,000 and to imprisonment for two years and in the case of a continuing offense, to a further fine of K25,000 for each day during which the offense continues.

(2) Any person who, without the authorization of the minister imports, sells, offers or exposes for sale or distribution in Malawi any copy of the following subject matter outside Malawi-

(A) Expressions of Malawian folklore; or

(B) Translations, adaptations or arrangements of expressions of Malawian folklore, commits an offense and shall  on conviction, be liable to a fine of K10,000,000 and imprisonment for four years and in the case of a continuing offense, to a further fine of K50,000 for  each day during which the offense continues.

(3) Any person who contravenes section 69, 70 or 71 commits an offense and shall on conviction liable to a fine of K2, 000, 000 and to imprisonment for twelve months.

(4) Any person who has in his possession-

(A) Any infringing copy of a work other than for his private or domestic use; or

(B) any machinery, plate, matrix or other device with the intention of using such device to produce infringing copies commits an offense and shall be liable to a fine of K10, 000, 000 and to imprisonment for four years and in the case of continuing offense to a further fine of K50, 000 for each day the during which the offense continues.

(5) for purposes of subsection(4) any person who has in his possession three or more infringing copies of the same  work or related subject matter shall, unless the contrary is proved, be  presumed to be in possession of such copies otherwise than for private or domestic use.