A critical analysis of collective management governance as a remedy to copyright administration in Uganda

Abstract

Collective management organizations (CMOs) play a crucial role in administering copyright in the modern era, aggregating rights and centralizing licensing, monitoring, and enforcement functions. However, the efficacy of CMOs depends on the legal and institutional frameworks within which they operate. This study utilised the doctrinal research methodology to critically analyse the system of collective copyright administration in Uganda, revealing that while Uganda has ratified international copyright treaties, substantive domestic legislation comprehensively regulating the formation, ownership, activities, governance, rights and duties of CMOs is lacking. Existing law focuses narrowly on registration without governing operations, accountability, and supervision, constraining the optimal functioning of fledgling CMOs like the Uganda Performing Rights Society, Uganda Federation of Movie Industry, and Uganda Reproduction Rights Organization. Systemic challenges plague these CMOs, including limited government support, complex multi-agency registration, financial constraints, corruption allegations, lack of transparency in royalty collection/distribution, litigation over legitimacy, failure to comply with regulations owing to limited capacity, and de- registration in some cases over mismanagement. To strengthen collective administration, legal reforms are imperative to enact comprehensive legislation substantively regulating CMO formation, ownership, membership, permitted activities, governance frameworks, rights and duties, state supervision, accountability mechanisms, and dissolution processes. Institutional reforms proposed include designating a specialized agency as the principal CMO regulator, implementing capacity-building programs to address skills gaps in governance and enforcement, increasing state funding and infrastructure support to CMOs, and establishing alternative dispute resolution mechanisms headed by domain experts. Technology adoption solutions like encryption, digital identifiers, and rights management systems are recommended to improve monitoring, evidence gathering, and combating piracy.