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Copyright Reform in Africa

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ReCreate, a copyright reform advocacy group on South Africa has commissioned internationally recognised specialist librarian in copyright, scholarly communication and open access, Denise Nicholson, to conduct an inquiry on copyright reform in Africa.

Below is table with the results, that are a work in progress, to be updated as information is acquired.

A summary of the results show that six African countries have been confirmed to be in the process of copyright reform including, Botswana, Kenya, Zimbabwe, South Africa, Uganda and Namibia, amongst others to be confirmed.

Of the countries that responses, including the six countries in the process of copyright reform, only Botswana and South Africa indicated a strong civil society involvement in the reform and potential processes taking place.

COPYRIGHT REFORM IN AFRICA
NO COUNTRY CURRENT COPYRIGHT ACT REFORM IN PROCESS CIVIL SOCIETY INVOLVEMENT
1 ALGERIA On WIPO Lex - https://www.wipo.int/wipolex/en/text/490177
Copyright Law: Law no. 03-05 of 2003
2 ANGOLA Received various documents in Portuguese. Need them translated NO
On WIPO Lex - https://www.wipo.int/wipolex/en/text/503105
Law No. 15/14 of July 31, 2014, on Copyright and Related Rights
3 BENIN Found on IP Africa Policy website
Law No. 2005 30 of April 5, 2006, relating to Copyright and Related Rights of the Republic of Benin
https://wipolex.wipo.int/fr/text/490619
4 BOTSWANA On WIPO Lex - Copyright and Neighboring Rights Act, 2000 (Chapter 68:02, as amended by Act No. 6 of 2006) YES. Still in the process of reviewing the Copyright and Neighbouring Rights Act. No current Bill in place as yet. various civil society stakeholders in the creative industry such as Botswana Musician Union, Botswana Film Association, Botswana Actors Union and organizations working with people with disabilities like Botswana Association of the Blind and Partially Sighted, Copyright Society of Botswana, and the Universities and Colleges.  
Copyright and Neighboring Rights Act, 2000 (Chapter 68:02, as amended by Act No. 6 of 2006)
5 BURKINA FASO On WIPO Lex
Law No. 1 021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi
4 BURUNDI WIPO Lex
Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi
7 CABO VERDE Not on WIPO but note to this effect:
Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law
Law No. 118/VIII/2016 of March 24, 2016, on Fair Compensation for Private Copying
8 CAMEROON On WIPO Lex
Decree No. 2001/956/PM of November 1, 2001, on the Implementation of Law No. 2000/11 of December 19, 2000, on Copyright and Neighboring Rights
9 CENTRAL AFRICAN REPUBLIC On WIPO Lex
Ordinance No. 85.002 of January 5, 1985, on Copyrights
10 CHAD On WIPO Lex - https://www.wipo.int/wipolex/en/text/491812
Law No. 005/PR/2003 of May 2, 2003, on the Protection of Copyright, Neighboring rights and Expressions of Folklore
11 COMORES On WIPO Lex - https://www.wipo.int/wipolex/en/text/214449
Law of March 11, 1957, on Literary and Artistic Property
12 CONGO, DEMOCRATIC REPUBLIC OF On WIPO Lex
Ordinance-Law No. 86-033 on the Protection of Copyright and Neighboring Rights (1986)
13 CONGO, REPUBLIC OF On WIPO Lex
Law No. 24/82 of July 7, 1982, on Copyright and Neighbouring Rights - https://cyrilla.org/en/entity/5cge8vje3c9?page=1
14 COTE D'IVOIRE On WIPO Lex - French only
Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights
15 DIBOUTJI On WIPO Lex - no. 154/AN/06, 2006
Law No. 154/AN/06 of July 23, 2006, on the Protection of Copyright and Related Rights
16 EGYPT On WIPO Lez
Law No. 38 of 1992 on Amendments to Certain Provisions of the Law No. 354 of 1954 on the Protection of Copyright -
17 EQUATORIAL GUINEA On WIPO Lex - may have been updated in 1980 (Spanish only)
Ley de 10 de enero de 1879, de la Propiedad Intelectual
18 ERITREA Found on WIPO Lex
Provisional Commercial Code of Eritrea and Provisional Civil Code of Eritrea of 1993 (Extracts relating to Intellectual Property rights)
Says Eritrea has no copyright law - see: https://www.adams.africa/works/eritrea/
19 ESWATINI Found their 2018 Act on WIPO Lex
Copyright and Neighbouring Rights Act 2018
20 ETHOPIA On WIPO Lex -
Copyright and Neighboring Rights Protection Proclamation No. 410/2004
21 GABON On WIPO Lex
Law Instituting Protection for Copyright and Neighbouring rights (No. 1187, July 29,1987)
22 GAMBIA COPYRIGHT ACT, 2004 NO
On WIPO Lex as below
Copyright Act, 2004 (Act No. 10 of 2004)
23 GHANA On WIPO Lex
Copyright (Amendment) Act, 2009 (Act 788), adopted on 31st December, 2009
Copyright Regulations, 2010
24 GUINEA (EQUATORIAL) On WIPO Lex
Act No. 043/APN/CP of August 9, 1980, adopting Provisions Relating to Copyright and Neighboring Rights
25 GUINEA-BISSAU On WIPO Lex
Copyright Code (approved by Decree-Law No. 46.980) (promulgated 1966, publ. 1972)
26 KENYA Received PDF of Bill 2023 - I sent a copy of our CAB to him YES, still in the process EIFL THROUGH THE LIBRARY ASSOCIATION
Copyright Act, 2001 (Act No. 12 of 2001, as amended up to Act No. 20 of 2019)
27 LESOTHO On WIPO Lex Not aware of any reforms
Copyright Order, 1989 (Order No. 13 of 1989)
28 LIBERIA On ICT Policy Africa website
Liberia Intellectual Property Act, 2016. Fair use clause
29 LIBYA On WIPO Lex
Copyright Act 9 of 1968 (Libya)
30 MADAGASCAR On ICT Policy Africa website
LAW No. 94-036 of 18 SEPTEMBER 1995 on Literary and Artistic Property
31 MALAWI On WIPO Lex EIFL THROUGH THE LIBRARY ASSOCIATION IN EARLIER REFORMS
Malawi Copyright Act No. 26 of 2016
32 MALI On WIPO Lex
Law No. 08-024 of July 23, 2008, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali
33 MAURITANIA On WIPO Lex
Law No. 2012-038 of July 17, 2012, on Literary and Artistic Property
34 MAURITIUS On WIPO Lex
Copyright Act 2014 (Act No. 2 of 2014)
35 MOROCCO Morocco Copyright Law 15/2/2000- 1420 - No. 2-00 at https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/ma/ma034en.pdf
Law No. 2-00 on Copyright and Related Rights as amended and supplemented by Law No. 34-05
36 MOZAMBIQUE Sent copy of Copyright Act No. 9 of 2022 (in Portuguese) - https://www.wipo.int/wipolex/en/text/585189 Passed in 2022
37 NAMIBIA On WIPO Lex YES. draft bill has not been passed
Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994) (Amended by Act No. 8 of 2016)
38 NIGER On WIPO Lex
Decree No. 93-027 of March 30, 1993, on Copyright, Neighbouring Rights and Folklore
39 NIGERIA On WIPO Lex PASSED IN 2022. Fair dealing but with 'such as' and fair use factors and other exceptions
Copyright Act, 2022 (Act No.8 of 2022)
40 RWANDA On WIPO Lex
Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property
Other documents on collecting society regulation, resale right, etc.
41 SAO TOME & PRINCIPE On WIPO Lex
Copyright and Related Rights Code (approved by Decree-Law No. 02/2017)
42 SENEGAL On WIPO Lex - in French only NO Library Assocation has made many attempts to discuss reform with officials but to date not successful.
Decree No. 2015-682 of May 26, 2015, on the Implementation of Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights
43 SEYCHELLES On WIPO Lex
Copyright Act, 2014 (Act No. 5 of 2014)
44 SIERRE LEONE On WIPO Lex
The Copyright Act, 2011 (Act No. 8 of 2011)
45 SOMALILAND Somaliland Copyright Law (website)
Somaliland Copyright Law No. 66 of 7 September 1977
46 SOUTH AFRICA SA Copyright Amendment Bill B13F-2017 YES. The National Assembly passed the CAB and the linked Performers Protection Amendment BIll on 29 February 2024. The Bills await the Presidents signature. ReCreate, Section 27, Cosatu, SADTU, Blind SA, Scholarly Horizons, ICA, IFLA, LIASA, CHELSA, HEDSA, USAF, SARUA, SAGA, SAFREA, Creative Commons SA Chapter, Various singers, musicians, academics, librarians, school teachers, etc.
47 SOUTH SUDAN On WIPO Lex
The Copyright and Neighbouring Rights Protection Act 1996
48 SUDAN On WIPO Lex
The Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013
49 TANZANIA On WIPO Lex - https://www.wipo.int/wipolex/en/text/179714
Copyright Licensing and Rights to Benefit from Re-Sale Regulations [1] (the Regulations). The Regulations came into force on 18 March 2022 and are made under section 45 of the Copyright and Neighbouring Rights Act (the Act) [2].
Copyright and Neighbouring Rights Act 1999
50 TOGO On WIPO Lex
Law No. 91-12 of June 10, 1991, on the Protection of Copyright, Folklore and Related Rights
51 TUNISIA On WIPO Lex - French and Arabic only
Law No. 94-36 of February 24, 1994, on Literary and Artistic Property (as amended and completed by Law No. 2009-33 of June 23, 2009)
52 UGANDA On WIPO Lex YES. Not yet at the stage of a Copyright Amendment Bill
The Copyright and Neighbouring Rights Act, 2006 (Act No. 19 of 2006)
The Copyright and Neighboring Rights Regulations, 2010 (S.I. No. 1 of 2010)
53 ZAMBIA On WIPO Lex
Copyright and Performance Rights (Amendment) Act, 2010 (Act No. 25 of 2010)
54 ZIMBABWE On WIPO Lex YES. Still in process. Not much interaction with civil society or library association.
Copyright and Neighbouring Rights Act (Chapter 26:05, as amended up to Act No. 32 of 2004)
Copyright and Neighbouring Rights Regulations, 2006 (Statutory Instrument No. 256/2006)
55 SAHRAWI ARAB DEMOCRATIC REPUBLIC The country does not have a law regulating coprIght, therefore all works are public domain.