Evaluating the Protection of Traditional Music Under Uganda's Copyright Law

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.