eSwatini: ESWACOS outlines challenges, future plans for copyright protection

However, the organisation has faced key challenges in ensuring compliance and navigating resistance from stakeholders unfamiliar with copyright laws.

Speaking to Music In Africa, ESWACOS executive director Mmeli Hlanze said a lack of awareness regarding copyright protection has been a major obstacle.

“The biggest challenge has been addressing the knowledge gap that exists with regards to copyright protection, which leads to resistance. However, we have had several meetings with broadcasters and other users to explain the fundamental principles of the Copyright and Neighbouring Rights Act, as well as their obligation to compensate copyright owners for the use of their works.”

Hlanze also highlighted the complexity of negotiating licensing fees, ensuring that they are fair to copyright owners while remaining feasible for the local broadcasting market. Through ongoing discussions with rights holders and broadcasters, he said ESWACOS managed to establish equitable rates that could stimulate growth within the creative sector.

With regards to compliance, he pointed out that the mandate to collect royalties is legally enforceable, but ESWACOS is prioritising a collaborative approach. “Our main approach has been to show the economic value of copyright compliance so as to encourage broadcasters to be part of the progressive economic upliftment of the creative sector.”

Ensuring transparency in royalty distribution

To maintain transparency and accuracy in the distribution of royalties, ESWACOS will hold annual general meetings to report back to rights holders and the public on its collections and distributions. “These meetings will provide a platform for accountability,” Hlanze said.

Additionally, the organisation operates under a distribution policy that outlines the methodology for computing royalty payouts. Hlanze emphasised that this policy belongs to the rights holders, who have the power to amend it through the general meeting if necessary.

The distribution process will also leverage modern technology for monitoring music usage, analysing data, and determining rightful recipients. “These technologies are readily available, and ESWACOS, like other Collective Management Organisations (CMOs), will be utilising them as part of our distribution processes,” he added.

Long-term strategies for strengthening copyright protection

As the sole organisation responsible for copyright administration in eSwatini, ESWACOS is implementing a five-year strategic plan aimed at strengthening copyright protection and supporting artists across all creative sectors.

The plan includes education and empowerment programmes to enhance rights holders’ understanding and management of their copyrights. Hlanze stressed that this initiative would not be limited to musicians but would also benefit rights holders in other copyright industries, including writers, book publishers, illustrators, photographers, film producers, and actors.

“Our comprehensive approach to capacity-building will leave no one behind. It will uplift authors, producers, and performers in all copyright industries protected under the Copyright and Neighbouring Rights Act.”

Furthermore, ESWACOS is developing social and development programmes to address social security concerns among rights holders. Some of these initiatives, including a development fund, are expected to be rolled out within the year.

“In a nutshell, our outlook is a holistic one for the entire creative sector, not just music,” Hlanze concluded.