Uganda's Copyright Management System (CMS) rests on a flawed diagnosis or merely adds institutional bloat.

On the contrary, the CMS represents a legally grounded, forward-looking intervention that modernizes enforcement mechanisms in line with Uganda’s Copyright and Neighbouring Rights Act (as amended in 2025/2026), international obligations, and proven global best practices. It does not supplant existing institutions but equips them with essential tools to overcome chronic under-collection, while addressing fragmentation through centralized, transparent data infrastructure.

Legal Foundation Under Ugandan and International Law

The recent Copyright amendments explicitly strengthen collective management organizations (CMOs), introduce enhanced governance and transparency requirements, digital protections, royalty collection procedures, and enforcement powers including stiff penalties up to UGX 50 million and imprisonment. Parliament empowered the Minister in consultation with the Uganda Registration Services Bureau – URSB to prescribe royalty collection and distribution mechanisms. The CMS, developed under State House with URSB partnership and presidential backing, operationalizes these provisions. It is not a rogue "new institution" but a mandated digital platform for registration, tracking through radio, TV, venues, and automated distribution—directly implementing the amended Act's digital and anti-piracy focus.

This aligns with Uganda’s commitments under the Berne Convention, TRIPS Agreement, and WIPO standards, which recognize technological measures and effective collective management as critical for realizing economic rights in the digital age. WIPO’s guidelines on collective management emphasize efficient rights management information systems and monitoring tools precisely because manual systems fail at scale.

The Diagnosis Is Not "Wrong"—Technology Addresses Core Enforcement Gaps.

Institutional fragmentation and underfunding are real, but they are symptoms exacerbated by the absence of reliable, scalable monitoring. Without objective usage data, CMOs like UPRS cannot effectively audit users or distribute fairly, perpetuating distrust and low compliance. The CMS provides automated logging and fingerprinting-like tracking, reducing reliance on self-reporting or manual logs. This is not duplication; it is infrastructure that existing CMOs can and should integrate with, as the amendments contemplate stronger CMO oversight by URSB.

Critics overlook that under-collection in Uganda (historically very low) stems partly from information asymmetry. Tech closes that gap without requiring proportional increases in staff or funding—long-term efficiencies can actually alleviate underfunding.

Successful Analogous Systems in Comparable Jurisdictions.

Many countries with similar challenges—fragmented CMOs, informal economies, and enforcement hurdles—have deployed digital systems with measurable success:

Kenya (KECOBO and MCSK): Kenya faced parallel issues of weak collection and piracy. The Kenya Copyright Board (KECOBO) oversees CMOs and has pushed digital tools and licensing hubs. While challenges remain for example, annual losses estimated in tens of millions, digital registration and monitoring have improved transparency and enabled multi-territorial licensing via African hubs like CAPASSO (South Africa-led, linking multiple CMOs). Government-enabled tech has complemented, not replaced, member-driven CMOs.

Nigeria and South Africa: South Africa’s SAMRO has long used advanced monitoring and leads African royalty collections. Nigeria’s NCC and COSON have experimented with digital platforms amid fragmentation. Regional trends show digital CMO adaptations that is, for streaming and broadcasting have boosted collections despite institutional hurdles. Africa-wide reciprocal agreements and digital hubs demonstrate that tech integration scales royalties effectively.

United States (ASCAP, BMI, SoundExchange): These are not monolithic government bodies but operate with heavy technological reliance. ASCAP and BMI use electronic sampling, MediaMonitors, and databases for radio/performance tracking. SoundExchange—a dedicated digital performance organization—has distributed over $13 billion using automated data from platforms, serving as a model for non-interactive digital royalties. The U.S. system features multiple PROs addressing "fragmentation" yet succeeds through interoperable tech like Songview for ownership data. Uganda’s CMS mirrors this by creating a reliable central registry and usage database.

Broader WIPO/International Practice: WIPO’s Collective Management Toolkit and reports highlight electronic rights management systems as best practice for developing countries, reducing administrative costs and disputes. Many jurisdictions layer tech onto existing CMOs precisely to fix enforcement without overhauling governance first.

In each case, tech did not “add another institution” in a vacuum—it provided the evidentiary backbone for enforcement, audits, and fair distribution, which political will on Museveni’s endorsement and police with URSB support then activates.

Addressing Fragmentation and Implementation Risks.

The CMS can serve as a unifying layer: a single verified registry for example, via pearlcreatives.co.ug reduces ownership disputes across CMOs, while URSB oversight ensures coordination. The amendments enhance CMO accountability, mitigating capture risks. Concerns about rollout are valid but solvable through phased implementation starting with broadcasters, stakeholder education ongoing via UNMF, and transparent audits—standard in successful systems.

Far from a misdiagnosis, the CMS correctly identifies that 21st-century copyright enforcement in a market with vast informal usage requires modern tools. Institutional fixes are complementary, not prerequisites. Uganda’s creatives, long deprived of royalties, stand to benefit from this pragmatic step aligned with global norms. If integrated properly with the amended Act, it can deliver the transparency and revenue streams artists deserve.

Article by Robert Byaruhanga(Fashion Lawyer)