Intellectual Property Rights in Sierra Leone

Discussion Topic: “Protecting Intellectual Property Rights in Sierra Leone. The Way Forward for musicians distributed locally in Sierra Leone.”

Key Question: How best can locally marketed musicians’ awareness and understanding of Intellectual Property Rights be developed?

Lead Discussant: Lawrence Spencer-Coker[1]

Background & Synopsis: In recent times, music has been a major source of employment for Sierra Leonean youths, contributing immensely to the Government of Sierra Leone (GoSL) mandate of poverty reduction. Music has also been an influential ‘weapon of choice’ for society in general as evidenced by recent albums like ‘Corruption E do so! by Daddy Saj and ‘Borbor Bele’ by Emmerson. On June 5th and 6th 2006 the Lead Discussant and the Vice-President of Supreme Inc[2] attended a National Stakeholder Workshop on ‘Protecting Intellectual Property Rights in Sierra Leone’.[3] The two day workshop concluded with several points for future discussion and policy making which were published in a series of Questions, Options and Recommendations, some of which are discussed herein.

Music is very important to the Sierra Leonean society and will continue to be so for the foreseeable future. In addition to creating employment, all legitimate trade in the music industry represents income for many, including the GoSL, who receives tax revenue from the music industry. The managers, promoters, producers, manufacturers of tapes and CDs, wholesale and retail distributors, graphic designers and many other relevant stakeholders all receive income from the industry. If the music industry is not protected and developed the result could be civil anarchy as many people will find themselves displaced and disoriented.

Intellectual Property Rights (IPRs) go a long way to not only protecting the industry, but they also address the issue of development because IPRs encourage creativity by bestowing exclusive rights.

However, where piracy exists, as it does in the Sierra Leonean environment, the benefits of exclusive rights are eroded. Without the means to enforce exclusive rights, IPRs are like empty promises - pointless.


Points to note about locally marketed artists:
They face peculiar issues of copyright infringement and piracy both locally and internationally.
Potential to generate huge revenues for government and society at large, which can aid nation building and the poverty reduction objective of the GoSL.

As a music industry professional with management and protection of artistes at its core[4], the key question being addressed in this discussion will continue to be of immense interest to the Lead Discussant, the Sierra Leone music industry practitioners and the GoSL.

SAANA CONSULTING FINDINGS

The complete publication by SAANA CONSULTING titled ‘Protecting IPRs in Sierra Leone’ is quite comprehensive and thorough and must be acknowledged as a key source of information on the issue of Intellectual Property Rights presented and discussed herein. Specific sections pertinent to this discussion include:

Copyright: Key Issues and Policy Options for Sierra Leone:

Question A – What approach should be taken to modernization of the law on copyright and related rights?
Options:
(1) Define and amend key areas of existing law to bring into basic TRIPS compliance, and continue to define specific national needs and interests.
(2) Begin immediately to draft new, modern Copyright Act.

Option 1 was recommended by SAANA CONSULTING.

Question B – Would establishing collective management societies enable effective enforcement of copyright and related rights by their owners?
Option: Explore the feasibility of establishing a national copyright collective management society was the only option recommended.

The actions required to achieve the above were set out as follows:
Identify potential interest among current and potential future owners of copyright in Sierra Leone including writers, artists, musicians, performers, authors, etc.
Identify the economic net benefits of establishing a collective management society in terms of the balance between royalty outflows and domestic gains and losses.
Establish contact through WIPO with a non-profit international organisation such as the International Confederation of Societies of Authors and Composers (CISAC) to explore options, including funding options, in detail.

The advantages of a national collective management society for Sierra Leone as opposed to any other option include:
Initiates transparent and positive action to protect a growing domestic cultural sector (particularly the music industry).
Afford the opportunity to undertake a more comprehensive study to identify and assess broader and potentially negative implications of stricter copyright enforcement in Sierra Leone.
Other developing countries such as South Africa, and organisations such as WIPO and, for example, CISAC could provide advice at no direct cost to Sierra Leone.

No disadvantages were highlighted so it is in the interests of the GoSL to take action immediately.[5]

IP Infrastructure: Key Issues and Policy Options for Sierra Leone:

· A - How to address the existing capacity shortfall in coordination and development of IP policy?
· B - What can be done to address current and future resource/capacity constraints on IPR administration?
· C - How best can public awareness and understanding of IPRs be developed?
· D - How can the IPR knowledge and skills of customs and police be enhanced cost effectively?
· E - How can the judicial system be enhanced to support IPR enforcement and regulation?
· F - How best can patent information be made available to SMEs?

In this discussion, we will narrow the focus on issues directly affecting artists being marketed in Sierra Leone. Musicians of Sierra Leonean origin dominate this group and the majority of our discussion will further narrow towards them, but it is worth noting that there are non-Sierra Leonean artists of African origin, European and American origin in this group also. As a matter of fact, piracy of non-Sierra Leonean music and derivative products like VCDs and DVDs is more readily accepted by the buying public in Sierra Leone today, as it is seen to be less harmful to citizens of Sierra Leone. This suggests that there is an appreciable level of awareness about the ill effects of piracy already.

Question C in depth

· How best can public awareness and understanding of IPRs be developed?

Options:
· Mandate and fund the OARG and the Copyright Office to coordinate an IP public awareness, education and access campaign with other ministries and stakeholders.
· Encourage NGOs, Chamber of Commerce, Universities, Business Groups to promote IPR public awareness and education.

Both options were recommended as feasible at this time. However, as a Business Group, Supreme Inc will focus on Option 2; to “encourage NGOs…Business Groups to promote IPR public awareness and education.”

Action required to make this happen include:
Identify target publics – music industry practitioners
Design, prioritize and cost appropriate program activities for each target group
Identify potential “partners” who may have an interest in achieving similar goals (e.g. Music Industry, Record Producers)
Establish explicit mandate and budget




Key Objectives of Discussion Paper

It is hoped that this discussion will lead Supreme Thinking to:
1. Design, prioritize and cost appropriate program activities for the target group who are: ‘locally marketed music industry practitioners, predominantly Sierra Leoneans and the general buying public.
2. Identify sources of funding and produce/distribute funding proposals to implement 1 above.
3. Better prepared for Phase 2 of this discussion – Taking the message to the Fans.

For transparency and effectiveness in achieving the above stated goals, Supreme Thinking – the think tank of Supreme Inc – proposes the formulation of United Against Piracy (UAP) - an organisation dedicated to eradicating piracy in Sierra Leone. UAP will also engage in the preservation, development and promotion of Sierra Leonean music globally.[6]

This discussion can be joined by sending your thoughts and comments via email to SupremeInc@gmail.com.
Or visit us online at the Supreme Inc website Blog at:
www.ShowBizSierraLeone.com/blog

Our official website is currently at:
www.ShowBizSierraLeone.com/SupremeInc


[1] Lawrence Spencer-Coker is President of Supreme Inc and founder of United Against Piracy. He is also a leading Profit Strategist and Asset Manager.
[2] Nicky Spencer-Coker is Vice-President of Supreme Inc.
[3] The workshop was directed by the Ministry of Trade and Industry, Sierra Leone with funding assistance from DFID and organised by SAANA Consulting – www.saanaconsulting.fi
[4] Supreme Inc was set up in early 2005 to address the growing professional needs of musicians being marketed in Sierra Leone.
[5] It is planned that United Against Piracy (UAP) will offer Collective Management for its members.
[6] Information about UAP is available from the Supreme Inc website at www.ShowBizSierraLeone.com/SupremeInc/