The digital era: a comparative analysis of Uganda and South Africa’s copyright regulatory regime, post 2006.

Abstract

This study is entitled The Digital era: A comparative analysis of Uganda and South Africa’s copyright regulatory regime, post 2006. To comprehend the analysis, the study reviewed literature from different resources at a global and domestic level as guided by the objectives to; evaluate the nature and extent of rights protected in copyrightable computer works; examine the effectiveness of the Copyright and Neighbouring Rights Act (2006) in responding to the challenges posed by the internet to copyright protection vis-à-vis the WIPO Internet Treaties; Identifying the underlying legal and institutional challenges of the digital-age leeway overshadowing the enforcement of copyright in computer works; providing suggestions to the improvement of copyright law and administration in the digital economy. The study used a combination of research approaches including comparative evaluation, doctrinal, and qualitative researches approaches where written laws, judicial decisions and relevant literature were studied but by a few interviews conducted. These helped to understand copyright regulation and enforcement in order to follow on discrepancies in framework and transformations in computer works under a digital age to recommend appropriately. The study established that CNRA (2006) is a great tool in the protection of the computer works in Uganda, however it has not clearly described the protectable aspects in computer programs, databases, compilations and software neither the penalties and conciliations in an infringement and much has been left to courts to ascertain. Piracy of global IP materials is at peak in Uganda and the upcoming inventors in Uganda take no initiative to register their work despite the benefits of copyright registration. The level of copyright infringement remains nearly naked causing millions of loses to right holders and government alike. The study discovered the necessity of defining property/material clearly, obtaining site licenses both off-line and on-line, the use of encrypted passwords, and using technology and procedures that are in line with Ugandan political measures and much more as being significant determinants of the CNRA’s efficacy in protecting computer works in Uganda. The study recommends that the Government should institute avenues to enhance co-operation between information creators and the government. In addition, the Government of Uganda should enforce punitive measures against people who violet the CNRA to ensure adequate safeguards against abuses.