Copyrights Law in Eswatini
Eswatini's copyright framework is governed by the Copyright and Neighbouring Rights Act, 2018 (Act No. 4 of 2018), which modernizes and consolidates the country's intellectual property laws. This legislation aligns Eswatini with international standards, including the Berne Convention and the TRIPS Agreement, ensuring comprehensive protection for creative works and related rights.
📘 Key Provisions of the Copyright and Neighbouring Rights Act, 2018
1. Automatic Protection
Copyright protection in Eswatini arises automatically upon the creation of a work, provided it is original and fixed in a tangible medium. No formal registration is required for protection, although registration with the Eswatini Intellectual Property Office can serve as evidence of authorship.
2. Protected Works
The Act protects a wide range of works, including:
Literary works (e.g., books, articles)
Musical compositions
Artistic works (e.g., paintings, sculptures)
Dramatic and dramatico-musical works
Photographic works
Audiovisual works
Computer programs
Architectural works
Maps, plans, and sketches
These works must be original and fixed in a tangible form to qualify for protection.
3. Duration of Protection
The duration of copyright protection varies:
General works: Author's lifetime plus 50 years
Joint works: 50 years from the death of the last surviving author
Collective works: 50 years from the date the work was made or first made available to the public
Photographic works: 50 years from the making of the work
Audiovisual works: 50 years from the making of the work or communication to the public, whichever is later
These terms apply irrespective of when the work is lawfully released.
4. Neighbouring Rights
The Act recognizes neighbouring rights for:
Performers
Producers of phonograms
Audiovisual producers
Broadcasting organizations
Publishers of press publications
Producers of non-original databases
These rights are protected under Eswatini law and are distinct from copyright.
5. Exceptions and Limitations
The Act provides for certain exceptions and limitations to copyright protection, including:
Private use: Reproduction of works for personal use without commercial intent
Educational use: Use of works for teaching purposes within educational institutions
Public performance: Performance of works in cultural activities not associated with economic gain
Reproduction of works in public places: Reproduction of works of art displayed in public spaces
Parody and satire: Use of works for parody or satire, provided it does not harm the original work or its creator's reputation
These exceptions aim to balance the rights of creators with the public interest.
6. Collective Management and Royalty Distribution
The eSwatini Copyright and Neighbouring Rights Society (ESWACOS) is the designated collective management organization responsible for administering rights and collecting royalties on behalf of creators. As of April 1, 2025, ESWACOS commenced commercial copyright registration and licensing, marking a significant milestone in ensuring legal protection and monetization of creative works
ESWACOS has been finalizing licensing agreements with broadcasters and other users to facilitate royalty collection. The organization is also leveraging modern technology to monitor music usage, analyze data, and determine rightful recipients .
7. International Treaties
Eswatini is a member of several international copyright treaties, including:
Berne Convention for the Protection of Literary and Artistic Works
World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
These treaties ensure that Eswatini's copyright laws align with global standards and that foreign creators receive the same protection as domestic authors.
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