Copyrights Law in Sierra Leone
Copyright Law in Sierra Leone
Copyright law in Sierra Leone is governed primarily by the Copyright Act, 2011, which replaced the Copyright Act of 1965. This law provides a framework for the protection of literary and artistic works in Sierra Leone, ensuring that creators are recognized and rewarded for their work.
Key Features of the Copyright Act, 2011 (Sierra Leone):
1. Protected Works
Under the Copyright Act, the following types of works are protected:
Literary works (e.g., books, articles, computer programs)
Musical works (with or without lyrics)
Artistic works (e.g., paintings, drawings, sculptures)
Cinematographic films
Sound recordings
Broadcasts
Choreographic works
Photographic works
2. Rights Granted
The law provides the following exclusive rights to copyright holders:
Economic rights: The right to reproduce, distribute, perform, display, broadcast, and adapt the work.
Moral rights: The right of attribution and the right to object to derogatory treatment of the work.
3. Duration of Copyright
Literary, musical, and artistic works: Life of the author plus 50 years after death.
Cinematographic films and sound recordings: 50 years from the date of creation or first publication.
Broadcasts: 50 years from the year of broadcast.
Photographic works: 50 years from the year the work was made.
4. Ownership
The author or creator is generally the first owner of copyright.
If the work is created under employment or commission, the employer or commissioning party may hold the rights unless otherwise agreed.
5. Exceptions and Limitations
Certain uses are allowed without the need for permission, such as:
Fair dealing for purposes of research, private study, criticism, review, or news reporting.
Educational use, under limited conditions.
Use by libraries and archives for preservation purposes.
6. Enforcement
The Act provides for both civil and criminal remedies:
Injunctions, damages, or account of profits in civil cases.
Fines and imprisonment for willful infringement in criminal cases.
Enforcement is handled by the Sierra Leone Copyright Office, under the Ministry of Tourism and Cultural Affairs.
7. Collective Management
The law allows for the formation and operation of Collective Management Organizations (CMOs) to help manage rights and royalties on behalf of creators.
International Treaties
Sierra Leone is a member of several international intellectual property agreements, including:
Berne Convention for the Protection of Literary and Artistic Works
World Intellectual Property Organization (WIPO)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization
Challenges in Enforcement
Despite a strong legal framework, Sierra Leone faces challenges such as:
Limited awareness of copyright law
Weak enforcement mechanisms
Lack of resources for the Copyright Office
High rates of piracy, especially of music and films
RELATED Blog
0 comments