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A plea for the protection of copyrights in Sierra Leone

Open Letter:

Mr President Sir, with all due respect and good intention, I herein publish this letter to call for the occurrence of protection of copyrights in the country, under the Ministry of Tourism and Cultural Affairs.

Immediately the current Nigerian President Mohamadu Buhare took office, copyright protection, to one’s surprise, was among the first challenges he took on. Before laying down the plea properly, let’s see first what copyright is.

Copyright is the absolute right that the creator of music, sound recordings, writer of book, poem, film, play, documentary, creator of arts and craft work has, over the use, duplication, publication of his/her creation for his/her economic and moral benefits. For anything that someone is the first person to make/produce with his hand, out of his brain (which the white man calls intellectual property), he/she should be the one who has the authority to give another person the privilege and permission to copy the work, under agreed terms and conditions (legally) and he/she should be paid for his/her knowledge and talent.

There is much scope for advancement, development and improvement of production, promotion, publication and distribution in the copyright industry for creative products of Sierra Leoneans to do well in the international market, as mobilisers of foreign currency for big income to flow into the country. In fact, regional agreements will come to pass among Sierra Leone, Nigeria, Ghana, Guinea, The Gambia, Liberia and other ECOWAS states, to collect and share royalties with each other.

Besides, multi-national enterprises could be sought to invest in the copyright industry for the potential financial benefits that the government shall reap in the mid to long-term future. Jobs will be created for the youths.

Indeed in any country, administration of protection of copyright for the interest and benefit of the creative people is a must! As a matter of fact, according to Berne Convention (of which Sierra Leone is a signatory) one basic human right of the artist is the protection of his/her economic and moral rights. Musicians, rappers, singers; film-makers, screen and stage actors; writers, playwrights, authors; arts and craft people are the main creative people in the field of copyright.

The Copyright Act 2011 of Sierra Leone has a perfectly authentic system of legal control in the field of copyright, but the law is not being enforced in the country. The Copyright Administrative Office has to be in functional re-establishment to do so. Jobs will be created for people.

It will be the Royalty Collecting Office, with a Board, as stipulated in the Copyright Act 2011 of Sierra Leone.

The government of Sierra Leone has to acknowledge the enforcement of the law by the Copyright Administrative Unit, so that when merchants in the field of copyright trade fail to comply with the law of the nation, the Copyright Tribunal shall handle them in accordance with the law.

Pirates would be causing incalculable damage to the economy of the state if the laws are not enforced. This problem is so serious that most of the artists and actors, music and film producers have not benefitted meritoriously from their works. The moment an artist produces an album, it is pirated all over the country freely. The moment a film is produced it is freely seen pirated along the streets.

Interestingly, ECOWAS parliament even sent a team to Sierra Leone, with money, in 2014 to come and put up a building for Copyright Protection Administrative office, and to pay the workers for five years before Sierra Leone government will take up the responsibility to fund the office. But the contingent had to return with the money, because there was no office structure or Organisational Structure Document to prove that Sierra Leone was ready to get their assistance.

 

It was disheartening!

Furthermore, the World Intellectual Property Organisation (WIPO) in Geneva, from which SLIPO (Sierra Leone Intellectual Property Organisation) was born in 1993, can give in-kind contributions, sponsor pertinent programs and render educational, technical and human resource assistance to Sierra Leone, if only the President can get the administration of protection of copyright effectuated. Many development partners too in the country are ready to help.

Within the scope of the law, the frame of reference to be adopted by the Copyright Administrative Unit shall be in agreement with the International Treaties, the system in the developing countries and the world over. This sagacity shall endorse Sierra Leone’s modality of operation with perfection.

Now the Organisational Structure document with the required position specifications, various posts and designations, with their respective terms of reference, principal duties and various responsibilities, have been formulated and submitted to the Ministry of Tourism and Cultural Affairs, to the Administrator and Registrar Generals Office, to the other pertinent legal experts. Also, the set of steps, measures and arrangement for the implementation of the plan of action for (1) The reactivation of the establishment of the Copyright Administrative Unit of SLIPO, (2) The recommencement of its operation, (3) The reformation of the administrative protocol, (4) The reconstitution of the organisational structure, and (5) The legal empowerment of the Copyright Administrative Unit, as part of the 93-page package, was delivered to the outgoing Minister Hon. Kadie Sesay, who was about to present it to the cabinet before the latest reshuffle took place. She has handed everything over to the incoming Minister Hon. Mr Tunis who for sure will just marshal the actualisation of the operation of the Bureau for the administration of protection of copyright in Sierra Leone, under your blessing!

Your due consideration and expedited affirmative action are earnestly entreated for!

Wishes of excellent execution of duties of office!

The author, Peeble Romer, is the Executive Secretary if SLIPO

(C) Politico 14/04/16

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