Rwanda copyright body denies infringement

The statement was in reaction to an article published by The New Times on 14 September that stirred up an online debate on possible copyright infringement.

According to the article, Rwandan singer Senderi International Hit had on 7 September used his Instagram account to accuse the RDB of using his music without his consent during the Kwita Izina concert, an annual tourism promotional event that was held earlier that day.

A number of online users found it ironic that the organisation, which has been tasked with copyright protection, would commit copyright infringement.

However, in a statement released yesterday to the local media, the RDB distanced itself from the allegations and instead asked the singer to take it up with the service provider that had been contracted to hold the event.

“RDB would like to make a few clarifications. A service provider was contracted by the RDB to provide entertainment, including DJ services, during the Kwita Izina event on 7 September. The service provider was solely bound to enter into all necessary arrangements with artists whose works they planned to publicly perform,” part of the statement reads.

“Furthermore, as provided by Article 213 of the Intellectual Property (IP) Law, it should be noted that if RDB had not opted to hire a service provider to entertain the public and had played the music itself, it would not have been required to seek prior authorisation due to the fact that Kwita Izina is an official ceremony where public performance of artists' work[s] are deemed of 'non-commercial interest'.”

Article 213 states: “Free public performance notwithstanding the provisions of article 200 of this Law, there shall be permitted without authorisation of the author and without payment of remuneration, to perform publicly a work: 1 during the official or religious ceremonies, where the public performance is made on a non-profit basis.”

The above guidance makes it clear that Senderi International Hit will not receive payment. However, had it emerged that the RDC was found to have violated the law, the singer could have been awarded up to 10 million Rwandan Francs ($11 500) in compensation.

This latest occurrence in Rwanda’s music industry seems to indicate a need to educate musicians on IP law.