African Copyright Levy Systems in motion

Copyright Levy Systems are gaining popularity: More and more countries worldwide are implementing these mechanisms in order to ensure adequate remuneration for right holders. This being true for several African countries, here some light is being shed on three countries which just activated or amended their copyright levy system by legislative revisions. The following shall give a brief overview of the characteristics.

Morocco: Exemption for private copying and payment obligations had already been introduced by mid-2014. Now, tariffs as well as reporting and payment regulations have been implemented by a Royal Decree on 17 March 2016. While manufacturers obligations arise when putting the product into circulation, importers are required to declare product information, quantity and origin before the product will be imported to Morocco. The entitled collecting society BMDA (Bureau Maroccain du droit d´auteur) authorized customs to collect copyright levies on their behalf. 1cc received stakeholder information that preparations are ongoing and personnel is being trained in order to enforce the legal provisions at customs.

Mauritius: Mauritius is about to revise thoroughly its Copyright Act of 2014. The law provides for a private copying exemption and requires to pay an “equitable remuneration” to authors. However, it leaves room for interpretation for the remuneration. In addition to many organizational issues, for example, with regard to the representation of authors, many questions should be clarified now by law-amendments. Copyright levies on blank media are expressly included in the considerations of a consultative body.

Ivory Coast: Already since 1996, the Copyright Act allows the private copy and requires manufacturers and importers to pay remuneration. Competent authority BURIDA (Bureau Ivoirien du Droit D’Auteur) is empowered “[…] To collect and distribute all rights to remuneration recognized by the Act […] in particular the remuneration for private copying, equitable remuneration, the remuneration for reprographic reproduction […]”

We will keep you updated on the further developments.