Evaluating the Protection of Traditional Music Under Uganda's Copyright Law
Loading...
Date
2024
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
International Journal for Multidisciplinary Research (IJFMR)
Abstract
Traditional music in Uganda is a vital component of the nation's cultural heritage, embodying various
communities' collective identity, history, and values. Protecting traditional music through copyright law
offers significant benefits, including safeguarding cultural expression, promoting economic opportunities
for communities, and ensuring that traditional knowledge is respected and preserved for future
generations. This article explores the current status of traditional music protection under Uganda’s
copyright law, analysing both the international and national legal frameworks.
The international legal framework, including treaties such as the Berne Convention and the World
Intellectual Property Organization (WIPO) agreements, provides a foundational structure for the
protection of traditional music. However, these international instruments often fail to address the unique
challenges of protecting traditional cultural expressions. At the national level, Uganda's Copyright and
Neighboring Rights Act attempts to incorporate these international standards, yet significant gaps remain
in effectively safeguarding traditional music.
This article identifies key challenges within the existing legal frameworks, including issues of communal
ownership, the inadequacy of Western-based copyright models in protecting intangible cultural heritage,
and the difficulties in enforcement. Furthermore, the article discusses the tension between the need for
protection and the preservation of cultural heritage in its most authentic form.
To address these challenges, the article offers several recommendations. These include the development
of sui generis legal protections tailored to traditional music, enhancing community involvement in the
management of intellectual property rights, and strengthening the legal and institutional frameworks to
ensure more effective protection and enforcement. By advancing these strategies, Uganda can better
safeguard its rich cultural heritage while promoting the rights and interests of the communities that are the
custodians of traditional music.
Description
Keywords
Citation
www.ijfmr.com