A STUDY OF THE LEGAL FRAlYIEWORK OF PROTECTING COPYRIGHTS IN HARGEISA REGION OF SDMALILAND
A DISSERTATION SUBMITTED FOR THE REQUIREMENTS FOR THE AWARD OF A MASTER OF LAW OF KAMPAVt INTERNATIONAL UNIVERSITY
MASTER OF COMMERCIAL LAW
BY:
!VIULAHO MOHAMED ALI
Reg No: LLM-CL/45563/143/DF
SUPERVISOR
DR MUGAGGA ROBERT
NOVEMBER 2015 DECLARATION A
"This thesis is my original work and has not been presented for Degree or any other academic award in University or Institution of Learning".
Mulaho Mohamed Ali
Name and Signature of Candidate
Date---lfljJ.-----#-(If I '}$J ;- DECLARATION B
"I confinn that the work reported in this thesis is carried out by the candidate under my supervision."
oate----- _\':~J~-- ~-- ---
ii APPROVAL SHEET
This Dissertation is entitled "A Study of the Legal Framework of Protecting Copyrights in Hargeisa Region of Somaliland" prepared and submitted by Mulaho Mohamed Ali in partial fulfillment for the requirements for award of a Master of Commercial Law has been examined and approved by
iii DEDICATION
This research is dedicated to my beloved Parents Dr. Mohamed Ali Odey, Mrs Baarliin
Mohamed Bahdoon and Mrs Luul Mohamud Hirabe as well as all my siblings particularly Ali
Mohamed Ali Odey and Liiban Mohamed Ali Odey those who have always been there for me whenever I needed their help.
iv ACKNOWLEDGEMENT
I would like thanks to the Almighty Allah for all time protecting and guiding me since early
childhood up to now, and allow me to complete this study
Special thanks to my supervisor Dr. Mugagga Robert who guided and advised me while carrying
out this study.
To the Dean of Faculty of Law, all my Lectures and Head of Department of Master of Law,
Kampala International University who have imparted in my skills and knowledge.
To the Ministry of Information and Cultural Affairs and Tourism, Ministry of Justice, Members of the Parliament, Musicians, Authors, Judge, Lawyers, in Hargeisa Somaliland for their participation in this study through participating in the interview and giving me the permission to carry out this study.
To my parents Mr. Mohamed Ali Odey and Mrs Baarliin Mohamed Bahdoon Mrs Luul
Mohamoud Hiraabe and all my siblings who have helped me in various capacities to put me in the right path of life and promoting me in academic ladder.
Special word of thanks goes my Bra's Mr. Ali Mohamed Ali Odey and Liibaan Mohamed Ali
Odey, their financially support in this academic program cannot be ignored as well as my dearest friends Yaasmin Omar H. Mohamud, Abdishakur Ali Muhumed, Mohamed Daud, Ali
Mohamed Ali Odey, Naja'l Khadar, and Namatove Tedy, plus those who assisted me data collecting of this research.
v To all my friends and colleagues for their generous cooperation and support during the course of this research.
Finally, to all individuals who contributed in one way or another toward the success of this work.
"Thank you and Allah bless"
vi LIST OF ACRONYMS AL~D ABBREVIATION
ARIPO African Regional Intellectual Property
EAC East African Community
ICCPR International Covenant on Civil and political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
IFRRO International Federation of Reproductive Rights Organization
IP Intellectual Property
OAU Organization of African Union
PPL Phonographic Performing Ltd
PRS Performing Arts Rights Society
PCT Patent Cooperation Treaty
SDR Somali Democratic Republic
TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights ucc Universal Copyright Convention
UDHR Universal Declaration of Human rights
vii UK United Kingdom
UN United Nation
UNESCO United Nation Education Scientific and Cultural
Organization us United Nations
USSR Union of Soviet Socialist Republics
WCT World Copyright Treaty
WTO World Trade Organization
viii LIST OF CASES
1. Araale Vs Gariye May 1975-2008 Unreported
(www .somaliland.org/blog/2008/12/ 18/abwaan-gaariye-iyo-professor -cabdilaahi -diiriye
caraale-iyo-suaasha-daahfurka-miisaanka-maansada/(last accessed: April 20 15)
2. Attorney General Vs Sanyu Television (High Court Civil Suit No. 614 of 1998, reported
in Uganda Commercial Law Reports 1997-2001(2005), 184-190 at 185, Blackhall
Publishing, Dublin, Ireland)
3. Ibraahim Hawd Vs Weriyaha Calasow 2012 Unreported
http://www.weedhsan.com/index.php/qalinleyda-weedhsan/qalinleyda-heerka
koowaadlibraabim-hawd/4983-waxa-aad-jeclaato-ha-xadin-wq-ibraabin-vuusuf-axmed
hawd( last accessed: October 2015)
4. Mohamed Bk Vs Ahmed Biif Sep 2012 Unreported
(https://www.youtube.com/watch?v=OqyfkE61KYo
(https://wvvw.youtube.com/watch?v=UHbcA92uMfl) (last accessed: July 2015
5. Nimco Dareen Vs Marwo Abdi 2008 Unreported (YouTube>watch>v=x.XBsbYTQqU
(last accessed: August 20 15)
6. Prof.George.W.Kakoma Vs The Attorney General 2012 (The High Court Of Uganda at
Kampala (Civil Division) Civil Suit No. 197 Of2008)
7. Rahma Rose Vs Nimco Yaasmiin (Digtoorka) 2012 Unreported
(YouTube>watch>v=tc74rstVuTU (last accessed: September 2015)
8. Sahra Halgan Vs Ayaan Warsame 2012 Unreported
(https:/ /www.you tube. com/watch ?v=fMOT3 upsH vw(last accessed: August 20 15)
ix LIST OF STATUTES
1. Somali Civil Code, 1973
2. Somali Civil Procedure Code, 1974
3. Constitution of the Republic of Uganda 1995 (as amended)
4. Copyright and Neighboring Rights Regulations, 2010
5. Somali Penal Code 1963
6. Somali Democratic Republic Copyright Law 1977
7. Constitution of the Republic of Somaliland 2000
8. Copyright and Neighboring Rights Act, 2006
X ABSTRACT
This study focused on the legal framework of protecting copyrights in Hargesia region in Somaliland. To achieve general objective of the study, five specified objectives were set and these included: The study focused on the legal framework of protecting copyrights in Hargesia region in Somaliland; to examine the international and national historical development of copyrights in Somaliland; to examine the legal framework in place that protects copyright protection in Hargeisa region in Somaliland; to examine the benefits and challenge of copyright protection in Hargeisa region in Somaliland; to carry out a comparative analysis with reference to the laws governing copyrights in Uganda and; to draw conclusions and recommendations. This study used qualitative research methods from various secondary data collection methods were used such as library research study on books and cases. All ethical considerations were also highly valued in this study. Analyzing was done considering in different laws were backed by qualitative analysis through legal perspectives.
The research findings indicated that there is a lack of protection and promoting of copyright ownership in Somaliland, were relevant authorities are not effective. It also discovered there gaps of the Somali Act compared to Ugandan Act. It was found the positive way of lesson learned in Uganda. It was concluded that Somali land government fails to accord legal protection to owners of copyright. It was recommended that Somaliland government should try to review the importance of copyright and make sure the Copyright Act confirms to the international standards like Berne Convention and TRIPS Agreement and other international convention concerned with copyright.
xi TABLE OF CONTENTS
DECLARATION A ...... i
DECLARATION B ...... ii
APPROVAL SHEET ...... iii
DEDICATION ...... iv
ACKNOWLEDGEMENT ...... v
LIST OF CASES ...... ix
TABLE OF CONTENTS ...... xii
CHAPTER ONE ...... l
1.0 Introduction of the Study...... I
1.1 Background of the Study ...... 1
1.2 Problem Statement ...... 2
1.3 Objectives of the Study ...... 3
1.3.1 The General Objective ...... 3
1.3.2 Specific Objectives ...... 4
1.4 Research Questions ...... 4
1.5 Scope ofthe Study...... 4
1.5.1 Geographical Scope ...... 4
1.5.2 Content Scope ...... 5
1.5.3 Time Scope ...... 5
1.6 Significance ofthe Study ...... 5
1.7 Methodology of the Study ...... 6
1.8 LiteratureReview ...... 6
1.9 Chapterization ...... 12
xii CHAPTER TW0...... 14
THE REGULATION, PROTECTION AND PROMOTION OF COPYRIGHT IN SOMALILAND ...... 14
2.0 Introduction ...... 14
2.1 Historical Genesis of Copyright Protection ...... 14
2.2 Historical Genesis of Copyright Protection in Somaliland ...... 18
2.3 International Laws of Copyrights ...... 20
2.4 The Regional La\V and Standards ...... 27
2.4.1 ARIPO (African Regional Intellectual Property Organization) ...... 27
2.5 National Laws for Regulation of Copyrights in Somaliland ...... 28
2.6 Copyright Law in Somalia 1977 ...... 33
2.7 Institutions for Managing Copyrights in Somaliland ...... 34
2.8 Conclusion ...... 35
CHAPTER THREE ...... 36
A COMPARATIVE STUDY OF THE REGULATION Ai~D PROTECTION OF COPYRIGHT IN UGANDA ...... 36
3.0 Introduction ...... 36
3.1 History of Uganda Copyright Law ...... 36
3.2 Laws that Regulate, Protect Copyright in Uganda ...... 38
3.2.1 International Laws ...... 38
3.2.2 National Laws ...... 40
3.3 Institutions of Copyright Protection in Uganda ...... 44
3.4 Conclusion ...... 48
xiii CHAPTER FOUR ...... 49
COPYRIGHT INFRINGEMENT IN SOMALILAND ...... 49
4.0 Introduction ...... 49
4.1 Essence and Benefit of Copyright Protection Somaliland ...... 49
4.2 Infringement of Copyrights ...... 50
4.2.1 Infringement Copyright Cases in Somaliland ...... 51
4.3 Challenges of Copyright in Somaliland ...... ,...... 56
4.3.1 Lack of Enforcement of Copyright in Somaliland ...... 58
4.4 Lessons Somaliland can learn From Uganda's laws and Institutions in Protecting Copyrights ...... 61
4.4.1 Good Lessons for Somaliland to Learn from Uganda ...... 63
4.5 Somaliland Needs to Create a Regulation Body for Intellectual Property ...... 65
CHAPTER FIVE ...... 68
CONCLUSION Al'ID RECOMMENDATIONS ...... 68
5.1 Overview ...... 68
5.2 Conclusion ...... 68
5.3 Recommendations ...... 70
BIBLIOGRAPHY ...... 73
xiv CHAPTER ONE
1.0 Introduction of the Study
This study focused on the legal framework of protecting copyrights in Somaliland. This chapter presents the introduction of the study, background of the study, statement of the problem, objectives of the study, research questions, and scope of the study, significance of the study, methodology of the study, literature review and chapterisation.
1.1 Background of the Study
Intellectual property (IP) is understood as kind of property where property divides into tangible and intangible. So intellectual property is the outcome from creation of human mind and as well as literary, artistic, scientific, performance, phonograms, and broadcasts, inventions, scientific discoveries, industrial designs, trademarks service marks and commercial names.1
There are different types of IP and these include among others: Copyright and neighboring rights, Patents, Trademarks, Industrial designs and Geographical indications and appropriation of personality or character merchandising.2 However, in this study the researcher focused on the legal framework of copyright and how it is promoted and protected in Somaliland. For a better understanding, copyright is a legal term used to protect and to promote the creators who create original work like literary, artistic, Music, Drama work etc. In addition, copyright can also mean restricted and transferable legal right granted to the owner for a permanent number of years, to produce, publish, and carry out, film or record literary, artistic or musical fabric. 3
Generally, the law protects any expression of proof in any tangible form, in print or unpublished or in any medium, but with some exceptions. According to UNESCO, the authors of books
1 Section2 WIPO Convention (World Intellectual Property Organization) 2 WIPO, what is Intellectual Property? www.wipo.int/about-ip/en/ (last accessed: September 2015) 3 Joanna Trnbull,Diana Lea and Dilys Oxford Advanced Learner's Dictionan; 7th ed p,282
1 should be recognized and appreciated by respecting the copyrights of their publication. This eventually will help them to learn something from the fruits of their labor. 4
Furthermore, UNESCO tries to promote reading among young people and marginalized groups. They are functioning with the International Publishers Organization, the International Booksellers' Federation and the International Federation of Library Associations and organizations to hold up careers in publishing, bookshops, libraries and schools.
However, Somaliland being an unrecognized country has never signed any international agreements or treaties whether in regional or international law, although it mentioned in the 5 constitution that it previously accepted the treaties that Somalia entered • Indeed, Somaliland needs to develop in special Acts particularly which are related to copyrights, trademark, patent and industrial design. Similarly, Somaliland needs to incorporate IP laws which are in line with international prospective like Berne Convention, TRIPS Agreement and other conventions which are covering all matters of copyright. This is because currently there are no laws or policies which directly protect IP in the country.
In addition, the authorities which are supposed to protect and promote copyright in the country are not doing enough. Society as well does not hold copyright as an important aspect of IP. Finally, this study is going to focus and to examine the copyright owners, who are living in Hargeisa (region) the capital city of Somali land, also on how far that the laws of country are protecting and promoting copyright owners in Hargeisa Region.
1.2 Problem Statement
Copyright is one of the types of intellectual property where copyrights protect the owner of 6 creative work and prohibits others individuals from not permitted use of the product • According, to the Somaliland Constitution mentions in article 16(1, 2) protects and promotes authoring and inventing creative work, but there is no new legislation Acts which dealing copyrights until the
• World Book and Copyright Day 23•d April www.un.org/en/events/bookday (last accessed April2015) 'Article 10 ofSomaliland Constitution in 2001 6 Berne Convention for the Protection of Literary and Artistic Works http://www .wipo.int/ treaties/ en/ip/berne/ (last accessed: August 2015)
2 Btitish colony. At same time the infringement for copyrights is growing towards teclmology and the government is mainly reluctant. The community too doesn't recognize IP as kind of property, so they have limited understanding ofiPRs and the lack of knowledge of the law.
The courts of Somaliland have no role for solving copyright cases that can be cmTect and the owners of copyrights themselves forget that they have any right regarding the abuse of their intellectual property, for instance, musicians in Hargeisa mostly present their claims to the media rather than instead of court. This is because the court does not have any legal foundation to handle copyright cases. Actually, there is no mutual idea which may protect the copyrights, thus plagiarism is a simple thing in Somaliland. Because authors, potters, singers and musicians and any other person who may violate their rights by the rest of community don't give attention to the well being of the creativity of their community, absolutely, those people are neglected, and these events can fold down and take back the future creativity and the development of the country.
In fact, these people need to provide legal protection in order to prevent and to control the infringements and to enforce sanctions against their unauthorized use of copyrights. All in all, this study is going to examine the challenges that are facing copyright owners in Somaliland and to point how far the legal framework and government institutions play a part to the protection and promotion copyrigl1ts in Hargeisa Region in Somali land.
1.3 Objectives of the Study
1.3.1 The General Objective The study generally examined of the legal framework of protecting copyrights in Hargeisa Region in Somaliland.
3 1.3.2 Specific Objectives
I. To examine the international and national historical development of copyright Ill Somaliland.
11. To examine the legal framework in place that protects and promotes copyright protection in Hargeisa Region in Somaliland.
111. To examine the benefits and challenges of copyright protection in Hargeisa Region in Somaliland iv. To carry out a comparative analysis with reference to the laws governing copyrights in Uganda. v. To draw conclusions and recommendations.
1.4 Research Questions
1. What is the history the international and national m development of copyright m Somaliland?
11. What is the legal framework in place that protects and promotes copyright Protection in Hargeisa Region in Somaliland?
111. What are the benefits and challenges of copyright protection m Hargeisa Region m Somaliland?
IV. What is the comparative analysis that carrying out with reference to the laws governing copyright in Uganda? v. What are the conclusion and recommendations in this research?
1.5 Scope of the Study
1.5.1 Geographical Scope
This study conducted in Somaliland and it focuses on copyright protection in Hargeisa.
4 1.5.2 Content Scope
This study was limited to examination the international and national historical development of copyright in Somaliland; the legal framework in place that protects and promotes copyright protection in Hargeisa Region in Somaliland; and the benefits and challenges of copyright protection in Hargeisa region in Somaliland.
1.5.3 Time Scope
This study was started the period in March and finished October 2015.
1.6 Significance of the Study
It is hoped that the findings of this study will give owners of copyrights in Hargeisa Region in Somaliland information that will help them advocate for their rights in case of copyrights abuse by the public.
To the government of Somaliland the findings of this study will provide relevant authorities necessary information on violation of copyrights. Also to benefit and to take as lesson learned in laws of Uganda.
Furthermore, policy makers will find the results of this study instrumental in designing policies that protect and promoted copyrights in Hargeisa Region in Somaliland.
In addition to the above, the judiciary also will find the results of this study useful in implementing laws that protect and promote copyrights in Hargeisa Region in Somaliland. This will mean that those who violate these rights will be dealt with according to the laws of the land.
Last but not least, future researchers migbt find the results of this study useful in carrying out a related study in the same field.
5 1.7 Methodology of the Study
In an attempt to properly address the research objectives and questions, the study adopted qualitative methodology and its interview. The study also reviewed international conventions and national laws as well as secondary data from library books, cases, journals, dissertations, reports and internet materials in order to properly understand copyrights.
The qualitative data was analyzed using narrative and content analysis technique. Qualitative data generated from document review was analyzed using content analysis which involved 7 summarizing the findings in terms of the themes and main issues raised in the study • The fmdings were further linked to the research objectives to generate meanings.
1.8 Literature Review
Robert A. Gorman & Jane C. Ginsburg, Copyright Cases and Material8 in their book is generally stating that, copyright is the right of an author to manage the reproduction of his intellectual creation. If the owner of copyright keeps on his work, will be the only person who will control his work. And that provides protection to his work when he discloses to manage it in a physical reality. Copyright is also a legal mechanism to provide him with the right to control his reproduction after it has been published. Although copyright cannot prevent form using the others by the authors work, it will be appropriate to the literary, musical, graphic, or artistic author communication concerned intellectual concepts. So copyright allows stopping the others from reproducing his individual look without his permission. Moreover, the copyright is basically a situation of special rights in literary, musical choreographic, dramatic and artistic works as granted Berne convention. The rights under copyright relate the reproduction, adaptation, public distribution, and public display or performance of the work.
7 Business Dictionary www .businessdictionery.com I definition /quantitative-data.htrnl{last accessed: October 2015) 8 Robert A. Gorman & Jane C. Ginsburg, Copyright Cases & Material, University Case Book Series 6th ed 2002 p,l2
6 On the other hand the authors9 mentioned that copyright as a property, copyright as a personal right and copyright as a monopoly. Copyright as a property is considered as kind of property but its property of an exclusive type. It's intangible and spiritual. If we go back to the definition of property it is defined in Oxford Dictionary Law, 10 as everything which can be owned. A difference is made between real property (land and intangible and personal property) (all other kinds of properties and among tangible property and intangible including intellectual property and incorporeal hereditaments).
Copyright as a personal right of the author, indeed its true because the personal right refers to the rights which a person has in relation also are relative11 and the author's intellectual creation has the signature of his personality and is acknowledged with him. Furthermore, copyright has sometimes been said as monopoly. As logic the copyright is specified exclusive control over the market for his work.
Finally, as mentioned above the intellectual property or copyright is kind of property and it also personal right where it's also respectable to know the importance of copyright and it's worthy too to protect the others who were using without pennission.
Dear Rich Blog, patent copyright & trademark, 12 defines copyright as copyright which provides to the owner right to inventive and the right to preserve others from unauthorized use of the work. In copyright law, a creative work mostly referred to as a "work of authorship" occupation or career for writing, so these conditions must be protected:
It must be real thing, that the author must have innovations rather than copies. It must be fixed in a touchable medium of expression for instance; it should be documented or expressed on paper audio or videotape, computer disk. It must have at least some innovative that are improved by an exercise of human intellect. At same time, the author defines that the copyright does not care for ideas or facts, it protects only the single way in which ideas or facts are expressed.
9 Robert A. Gorman & Jane C. Ginsburg, Copyright Cases & Material, University Case Book Series 6th ed Ibid p,l2 "Elizabeth A. Martin, Oxford Dictionary Law 7th ed P,432 11 USLEGAL.com, Definitions.uslegal.com/p/personal-rights/ (last February accessed: 2015) n Dear Rich Blog, Patent, Copyright & Trademark, Nolo law 12th ed P 197,198,242 & 243
7 Copyright protects a physical representation of an idea. The idea itself does not have to be original but the representation must be original. Copyright protection is given to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection applies to both published and unpublished works. There are many definitions of copyright. One definition of copyright is "the exclusive right in relation to work embodying intellectual content (i.e. the product of the intellect) to do or to authorize others to do certain acts in relation to that work. .. acts [which]represent.. .the manners in which that 13 work can be exploited for personal gain or for profit ." (Owen Dean, Handbook of South African Copyright Law). 14
Robert A. Gorman & Jane C. Ginsburg, copyright and cases materials,l5 the nature of copyright protection starts from copyright to the owner. Copyright protection keeps going, until in accordance with this title in original works of authorship set in any tangible media of expression. There are two fundamental criteria of copyright protection inventiveness and fixation in tangible form, the original phrase works on authorship which is purposely left undefined intended to incorporate without change the standard of originality established by the courts under the present copyright statute. This standard does not include requirements of newness originality or esthetic value, and there is no intention to enlarge the standard of copyright protection to require them.
The following three regulations decide when a work is first allowed to copyright protection that is when it is first created. Rulel: creation of a work takes places when it first becomes set in some form. Rule2: drafts and other midway forms in the development of a work receive copyright protection just the original work does. Rule: 3 each new form of an original work is a separate creation. 16 In this position what is a created? Created can be defined to develop in mind or physically or you generated something or founding a new thing 17 Copyright Act, is defined and mentioned that a work is created when it is set in a copy or recording in the first time and where a work is prepared over a period of time.
13 Dear Rich Blog, Patent, COJlljright & Trademark, Nolo law 12th ed p,IO 14 Owen Dean, Handbook of South African Copyright Law, P,IO 15 Robert A. Gorman & Jane C. Ginsburg, Copyright and Cases Materials, 6th ed 2002 p, 25 16 W. Cornish D. Lie. Welyn & T. Aplin, Intellectual Property Patents & Copyrights P, 447 17 Dictionery.com http://www.thesaurus.com/browse/create (last accessed: July 2015)
8 Hence, Jessica Meindertsma, Rights management specialist at the copyright, 18 Jessica emphasizes some theories related to copyright. The copyright is deliberate to promote society as a whole. It's easy to lose view of this broader perspective in the course of day to day dealings with its value to keep in mind, particularly as we consider the ways in which the existing copyright system might be improved. Copyright theories, with roots in law philosophy and economic consider the benefits that copyright ought to grant and how such benefits may be best resulting. And it's crucial also in this study to know the famous theories which are promoting copyrights. In spirit when and why copyrights should be created? What should the scope or limit of those rights be? Description of four well-known theories:-19
The fairness theory of copyright is at the bottom of the promise that the law ought to provide authors what they be worthy of, in other terms hard work should be rewarded & authors should retain control of the fruits of their labor for example exclusive rights afford creations alienated monopoly and the opportunity to profit their work. Further application of this theory might engage to contributors to composite works and increased protection for factual work (Facts are not presently protected by copyright).
Personal theory, this theory is more worried with compensating and instead of protecting the emotional bond between the artist and creation. Moral rights develop principally from personality theory and it covers author's rights, to protect the honor of her work to determine, when to publish a work and that work demands to be protected.
The welfare theory, of copy promotes the interests of society as whole and favors the greatest number of people. Copyright reform motivated by the welfare theory might remove copyright protection from those works which would be produced in optimal quantities.
Cultural theory contends that law should cultivate a just and attractive culture. This theory tends towards paternalism, as it presumes to encourage works for the betterment of human kind rather
IS The Ohio State University (Theories of Copyright) Library.osu.edu/blogs/copyright/2014/05/09/theories-of copyright (last accessed: May 2014- July 2015) 19 Ibid
9 than limiting the scope to those works for which there is a current demand. Like welfare theory, cultural theory is prospective to the law and should prompt individuals to behave in ways that will create a better society in the future. Thus copyright reformers motivated by the culture theory might seek to identify and ameliorate barriers imposed by copyright law on educational uses of copyright material.
Jointly, these theories illustrate how the hard work it deserves to reward and the law must give protection to them and what authors worth it. In the case of infringement it's good to demand compensation in the wrong action. And to know the significant of copyright because the effectiveness of the legal framework can play a part to promote the interest of the society and can too enhance the protection of copyright owner.
Creativity and Culture in Copyright Theory Julie E. Cohen20 argued that Creativity is generally agreed to be a good copyright law which should seek to promote creators. Copyright's influence creativity in two ways. First and most clearly, it is liable to suggest much more modest conception of the role that copyright plays in motivating creative processes and practices. Copyright fulfills some important economic functions (of which more shortly), and therefore plays an important role in organizing cultural production. In this position we can recognize that copyright can stimulate the copyright creativity and the economic functions which are true but creativity cannot accelerate the copyright.
The author mentioned that Copyright's stated purpose is to promote progress, but how is it to do this? So we can encourages in some issues that the high-quality laws related to copyright which can respond always the reaction and can balance the technology and so the court can implement the infringement cases and can decide value judgments, which future can prevent infringement and provides high level of protection. A legal procedure meant to promote progress requires a set of premises about the ways in which progress develops. The reasons for assigning rights, the
20 Julie E. Cohen, Creativihj and Culture in Copyright Theon;, UC Davis Law Review, Vol, PP.1151-1205, 2007 Georgantown Public Law Research Paper No. 929527 P,58
10 specification of rights, and the resolution of particular disputes all presuppose and reproduce particular understandings of creative processes and practices. 21
Article which is related to public is copyright protection necessary to promote Innovation. This study is talking about the appropriate definition and scope of copyright protection, a question of balancing incentives to innovate against access to information: The broader scope of copyright protection, limits the access to these works. 22 So it's advantage to access the information but not to exceed the limit. As result of that Somaliland government is responsible to mention her constitution access of information nevertheless it's better to restrict because of balancing the copyright holder and the public can also play a part the protection and promotion of creativity.
The study of application of Directive 2001/ 29/EC of the European Parliament and of the council of 22 may 2001 on the management of certain aspects of copyright and related rights in the information society. 23 The focus of this study was on the exclusive rights, so the European community was harmonizing the legal framework of copyright and related rights, through increased legal certainty while providing a high level of protection of intellectual property, will foster substantial investment in creativity and innovation, including network infrastructure and lead in tum to growth and increased competitiveness of European industry, both in the area of content provision and information teclmology and more generally across a wide range of industrial and cultural sectors. This will safeguard employment and encourage new job creation. Thus, this research was expressing the legal framework of copyright. So without managing the community activities as well as balancing the technology challenges and the responding copyright Act in Somaliland, which might be resulting in significant differences in protection and promotion the ownership of copyright, which can lead to create and innovate something new. Finally the any of activities ought to take high level of protection and that can develop the creativity is the interest of copyright owners. So Somali land must be aware of the infringement that occurs in daily and is a challenge to the development.
21 Julie E. Cohen, Creativihj and Culture in Copyright Theon; UC Davis Law Review, Vol, PP.1151-1205, 2007 Georgantown Public Lmv Research Paper No. 929527 P, 58 22 1bid P, 58 23 Official journal 1167,22/06/2001 p,10, 19 (http:/ fwww.europarl.europa.eu/sides/ getDoc.do?pubRef~ / /EP//TEXT+ REPORT+ AS-2015-0209+0+ DOC+ XML+ VO/ /EN (last accessed: June 2015)
11 In this study of promoting and protecting intellectual property in Kenya24 is mentions the biggest challenge of copyright owners seeking enforce their rights because of minimum fines and civil remedies whereas, Somaliland copyright owners of are facing at the same situation lack of enforcement and finally recommending to mention the copyright law enough penalties which can act as a real prevention for infringers and to amend the copyright to clearly describe the roles of the institutions or agencies like Kenya Copyright Board regarding attack, conclude and prosecute for copyright infringement. 25
1.9 Chapterization
This research study is divided into five chapters:-
Chapter One The chapter gives a general introduction, background of the study, statement of the problem, objectives, research questions, significance of the study, and scope of the study, methodology and literature review.
Chapter Two This chapter discusses origin history and the regulation, protection and promotion of copyrights in Somaliland
Chapter Three The chapter deals m analysis of comparative a study of the regulation and protection of copyrights in Uganda
Chapter Four This chapter discusses of copyright infringement cases in Somaliland
24 Anti Counterfeit Agency Promoting and protecting intellectual property in Kenya p,l7-18 25 Ibid p,17-18
12 Chapter Five The chapter five proposes certain recommendations and conclusions that may be used as a standard to up hold and respect of copyright.
13 CHAPTER TWO
THE REGULATION, PROTECTION AND PROMOTION OF COPYRIGHT IN SOMALILAND
2.0 Introduction
This chapter discusses historical background of development copyrights international and national also focusing on national and international laws which are protecting and promoting copyrights in Hargeisa Region in Somaliland.
2.1 Historical Genesis of Copyright Protection
F.E. Skene James in his book of Law of copyright mentioned how copyright law started and developed until 1911. The history of copyright laws in England is a progress after the beginning of printing after that statute of Richard III was encouraging printing of books and authorized their import, in fifty years later this Statute was repealed where amazing number of printed books imported into monarchy to the injustice of the king in natural issues. Also, it was given by them carefully to study and implement skill of printing.26 For instance, the number of printers increased in England where king understood providing printing privileges so it's starts there in copyright protection in a form of printers, licenses, and develop into a source of substantial profit to the king and his desires.
And in 1556 the original charter of stationers of the company was approved by Philip and Mary. So Star Chamber was managing the manner of copying, the figure of presses during the kingdom, and keeping out all printing in opposition to the force and sense of any statutes. After
"F.E. Skene james, Law of Copyright 8'" ed P,5
14 that another law dated June 28, 1585 where every book was compulsory to be approved and the people were forbidden to printing any book or copy which was contrary to law.27
England in the late fifteenth century, as the number of pressures grew, authorities required to manage the newspaper of books by granting printers a near monopoly on publishing in England. The permission Act of 1662 complete that monopoly and recognized a register of licensed books to be managed by the Stationers' Company, a group of printers with the ability to edit books. The Act of 1662 failed in 1695 most important to a relaxation of government control, and in 1710 Parliament approved the statute of Anne to tackle the involvement of English booksellers and printers. The 1710 act recognized the principles of authors' ownership of copyright and set term of protection of copyrighted works (fourteen years, and renovated for fourteen more if the author was living upon expiration). The statute prohibited a monopoly on the part of the booksellers and created a "public domain" for literature by restricting terms of copyright and by make ensuring that one time a work was paid to the copyright owner no longer had control over its use. The act did provide an author's copyright; the advantage was negligible because in order to be paid for a work an author had to allocate it to a bookseller or publisher.28
Since the statute of Anne almost three hundred years ago, U.S. law has been modified to widen the scope of copyright, to change the term of copyright protection, and to tackle new technologies. For several years, the U.S. has measured and acted on copyright improvement. The Canadian government is bearing in mind copyright reorder as well. As stated by article 1 of section 8, paragraph 8 of the U.S. Constitution, "the Congress shall have authority to hold up the growth of science and useful arts, by limited times to authors and innovation of the exclusive right to their own writings and detections. "29
The First Congress implemented the copyright provision of the U.S. Constitution in 1790. The Copyright Act of 1790, An Act for the Encouragement of Learning, by Saving the Copies of Maps, Charts, and Books to the Authors and managers of Such Copies was shaped on the Act of
27 F. E. Skene James, Law of Copyright 8" ed P,5 28United States Copyright Office htf:J>: II www.loc.gov I copvright/1201/ anticirc.htmLhttp:// www.histozyofcopyright.org/pb /wp f£342150 /wp f£342 f50.html( last accessed: October 2015) "CopyrightTimeline: A History of Copyright in the United States ht!:J>://www.arl.org/focus-areas/copyright ip/2486-copyright-timeline( last accessed: September 2015)
15 Anne (1710). It detennined American authors the right to put out, re-print, or publish their work for a stage of fourteen years and to renovate for another fourteen. The law was intended to give an incentive to authors, artists, and scientists to make original works by as long as creators with a monopoly. At the same time, organize was unfinished so as to encourage creativity and the development of "science and the useful arts" during wide public way to work in the "public area." Major alterations to the act were appreciated in 1831, 1870, 1909, and 1976.30
In 1870 congress made correction of copyright Act so; the management of copyright registrations encouraged the individual district courts to the Library of Congress Copyright Office. The period of protection was not complete in this review. 31
Hence, in 1886 the Berne convention presented the origin for combined recognition of copyright among sovereign nations and encouraged the development of international standards in copyright protection. European states docmnented a jointly suitable uniform copyright law to restore the necessity of part of registration in every country. The agreement has been amended five times since 1886. Of specific note are the revisions in 1908 and 1928. In 1908, the Berlin Act set the period of copyright at life of the author plus 50 years, prolonged the range of the act to involve newer technologies, and forbidden official procedure as a precondition of copyright protection. The Rome Act in 1928 first accepted the moral rights of authors and artists, charitable them the right to object to changes or to the harm of a work in a way that might injustice or decreases the artists' name. The United States became a Berne party in 1988.32
In 1981, there was an international copyright treaty, so, since American copyright law applied only to American books, European authors were not capable to benefit from the book and sale of their works at very short prices through the nineteenth century. The assumed "cheap books" pressure group, increase fast by small unknown publishers when the Civil War, endangered the "courtesy principle" of polite price putting in stayed to by the large, well-known publishers such as Henry Holt. By the 1880s cheap books busy the American market. By 1890 authors,
"Robert A. Gorman and Jane C., Copyright Cases & Materials P,4 31 CopyrightTimeline: A History of Copyright in the United States http://www.arl.org/focus-areas/copyright ip/2486-copyright-timeline (last accessed: September 2015) 32 Robert A. Gorman and Jane C., Copyright Cases & Materials 2002 P,9
15 publishers, and ptinters' unities connected together to support an international copyright bill (Vaidhyanathan, 50-55).33
The copyright Act of 1909-which, with minor amendments, this law was working for nearly 70 years and it was the outcome of several years of careful labor and widespread discussion. Because the Act was eventually a compound of several unsure bills and proposals representing different points of view and often opposing interests, there was a good deal of irrationally, contradiction and opaqueness in certain sections; this caused no little confusion on the part of both the public and the courts interpreting the statute. The 1909 Act made amazing improvements over the preexisting law. For Instance (I) for in print works, copyrights was confirmed to begin with the newspaper of the work with copyright notice (rather than from the date of filling the title); 2) statutory copyright notice made presented unpublished works designed for showing, performance or oral delivery; 3) the regeneration term of protection was extensive by 14yrs thus increasing the maximum possible copyright term to 56 yrs and (4) the certificate of registration was stated to be prima facie evidence of the facts proofed there in relation to any work. 34
The 1945 Act, in the post-war period, there has been faithful activity on the international prospect. Nevertheless, changes in local law have result more forces at home and these may be dealt with first. The copyright Act 1956 was a difficult piece of draftsmanship which gives details many rules at confusing length while abandoning to spell out basic principles in the clear order suitable to a real code. 35 The Act was most famous for adding three new shapes of entrepreneurial copyright in cinematograph films (here after films for short). Broadcasts and the typographical format of in print editions to the 1911 copyright in sound recordings, likewise important in terms of new method was the creation of a Performing arts Right Society (PRS) that joint action was a possible method of rotating the right of public performance in copyright music into something of actual value, and the proof companies had followed suit, once they succeeded in establishing their own performing right, by creation the Phonographic Performing Ltd (PPL).
"Copyright Timeline: A History of Copyright in the United States http://www.arl.org/focus-areas/ copyright ip/2486-copyright-timeline(]ast accessed: July 2015) 34 Robert A. Gorman and Jane C., Copyright Olses & Materials 2002 P, 6 35 W. Cornish D.Lie Welyn and T. Aplin, Intellechtal Properly Patents, Copyright, Trademark and Allied Riglzts 7•h ed P,405
17 The violence of copyrights that such organizations obtained brought a measure of power over their markets which, as the Gregory committee found, was able of being worked out in controversial ways: in particular PPL had been ready to reject or limit licenses to, for instance, dance halls, so as to maintain the employment oflive musicians.36
2.2 Historical Genesis of Copyright Protection in Somaliland
Somali Democratic Republic (SDR) agreed to the Convention establishing WIPO on 18 August 1982, with effect from 18 November 1982. This was approved by Notification Notice No. 120 to WIPO dated 19 August 1972. None of the other IP conventions administered by WIPO has been granted to by the SDR (see this WIPO table of IP treaty accessions). Together the territories of Somaliland and Somalia would have been enclosed by some of the pre 1960 IP conventions through their own status as a British Protectorate and an Italian colonyffrusteeship territory before their union in 1960.37
The SDR approved on 14 May 1978 the 1977 OAU Cultural Charter for Africa which, in article 25, states that "African governments should pass national and inter-African laws and regulations securing the protection of copyright, set of connections national copyright offices and support the establishment of authors' associations accountable for protecting the moral and material interests of those who create work that gives sacred and mental pleasure". We have, as yet, no evidence of any such law having being approved. 38
The SDR also complied to the 1976 Lusaka Agreement which recognized ARIPO (the African Regional Intellectual Property Organization) so permit "to pond the capital of its member countries in industrial property substances together so as to keep away repetition of financial
36 36 W. Cornish D.Lle Welyn and T. Aplin, Intellectual ProperhJ Patents, Copyright, Trademark and Allied Rights 7th ed P,405 37 Somalia IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names www.inventa.com/somalia (last accessed: July 2015) 38 Somaliland Intellectual Property http:/ /www.spoor.com/ home/Trade Marks- Somaliland-585.html (last accessed: May 2015)
18 and human resources." However, the SDR was not a member of the following ARIPO conventiOns,. sue h as: 39
• The 1993 Banjul Protocol on Marks (since updated to make it well-matched with TRIPS and other developments). • The 1982 Harare Protocol which "authorizes the ARIPO Office to obtain and process patent and industrial design applications on behalf of states party to the Protocol" (and its 1994 link with the Patent Cooperation Treaty (PCT) protocol).
Until now Somaliland is unrecognized country which has been upgrading its infrastructure and its growing democracy since May 1991, Somaliland has not yet developed any modem laws dealing with intellectual property. 40 Somaliland does, however, consider itself be bounded by the international conventions that the 1960 to 1991 Somali (Democratic) Republic has accepted. In generally approved in Article I 0 of the Somali! and Constitution in the area of human rights even those that have not been complied with Somali Republic state. It remains the case, however, that even as full compliance with and application of some of these conventions and taking part in their leading bodies is severely forced by the Somaliland's lack of international recognition, there is a obligation on the part of Somaliland to stand for, in as much as it is allowed to do so, by the provisions of these international conventions.41
Therefore, copyrights in the Somaliland Protectorate were covered by the UK Copyright Act 1911. The Act came into force in Somaliland and other British protectorates -on July 1912 on the authority of the Order in Council and under the Somaliland Copyright Ordinance No. 3 of 17 July 1918, the Somaliland Leader of Customs was chosen 'to carry out the duties and may exercise the powers thereby imposed on or agreed to the commissioners of Customs and Remove of the United Kingdom' in connection with importation of any mechanism infringing the Act. No 42 additional ordinances were wanted to apply for the Act. .
39 Somaliland Intellectual Property hi:t:p://www.spoor.com/home/Trade Marks- Somaliland-585.html (last accessed: May 2015) 40 Ibid 41 Somaliland Intellectual Property http://www.spoor.com/home/Trade Marks- Somaliland-585.html(last accessed: May 2015) "Ibid
19 2.3 International Laws of Copyrights
The Universal Copyright Convention (UCC) was developed by UNESCO and was approved at Geneva in 1952, as an option to the Berne Convention. The UCC was amended in Paris in 1971. This also promise the principle of national treatment, but on less strict -condition about the term of protection, the kinds of work protected and the level of protection. There was, for example, no talk about of any moral right.43 UCC is mentioned that the system of copyright appropriate the whole the nations of the world and expressed in a universal convention, additional to without impairing international systems already in force will ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts, also that such a universal copyright system will facilitate a wider dissemination and increase international understanding. 44
The UCC needs member countries to give minimum rights to rights holders. Exceptions to these rights may be made as long as they do not conflict with the strength and provisions of this Convention. Normally, works will be protected for a minimum of25 years away from the life of the author while works under the Berne Convention are protected for 50 after the life of the last author.45
(i) International Conventions Current Scope
(a) Berne Convention
The Berne convention protects the rights of authors in their literary and artistic works", an expression which is demonstrated by a long catalogue of examples, and then a set of further explications and limitations. According article I of this convention mentions that this law
'' Ibid P,407 44 Portal.unesco.org/ en/e/ ev.php-uri-ID.html (last accessed August 2015) 45 W. Cornish D.Lie Welyn and T. Aplin, Intellechwl Properh; Patents, Copyright, Trademark and Allied Rights Ibid P,407
20 represents a union coming together for the protection of the rights of authors in their literary and artistic works. 46
Bern's first obligation is that each member state must go after the principle of national treatment, itself a creation of the idea of territoriality.47 The Berne convention, concluded in 1886, was revised at Paris in 1896 and at Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.48
Thus, in Berne convention it is rooted in three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them. The first is a principle of national treatment where means foreign must get same treatment as nationals authors as mentioned article 5(1)ofthe Berne convention and it doesn't mean that they have entitled all national rights. Second principle is automatic protection where the author his work is automatic protected without any formality so he can complain any union country other than the country of origin, as stating in provision 5(2) of Berne convention. And third principle is independence of protection, so that protection existence in the country of origin of the work (principle of independence of protection.49
Article 2 of the Berne convention, original literary, dramatic, musical and artistic works accorded copyright by the 1988 Act.
(b) Rome Convention
Rome Convention is for protecting of performers, producers of phonograms and broadcasting organizations. The Rome convention was attained in 1961 at what now appears an early stage in
46 Article 1 of the Berne Convention 47 W. Cornish D.LLEwelyn and T. Aplin, intellectual property patents, copyright, Trademark and Allied Rights 6"' ed p,414 48 Berne Convention for the Protection of Literary and Artistic Works http://www.wipo.int/treatieslen/ip/berne/ (last accessed September 2015) 49 Article 5 of Berne Convention for the Protection of Literary and Artistic \Yorks
21 the development of the activity industries. At that point neither sound recordings nor films could be regularly copied so as to create a version just as good. Similarly, broadcasting frequencies were strictly limited, and extensions by cabling and by satellite relay lay in the future.
Broadcasters had some copyright interests of their own, but visa-a visa performers and record producers they were major users. It was a substantial attainment that the convention went as far as it did; and no swprise that it involved fairly few adherents. The convention needs each member state to apply national treatment in respect of the rights which it accords to performers, record producers and broadcasting organizations. As well, member states must present those from other states who are protected by the convention certain minimum rights. The treaty guaranteed the term of protection must last at least until the end of a 20-year period computed from the end of the year. However, national laws increasingly provide for a 50-year term of protection, at least for phonograms and performances. 50 This Convention WIPO is responsible for the administration of the convention and Somalia is a member of WIPO though Somalia is not a part to the Rome Convention. As well as this convention is open to state members of Berne 51 Convention or Universal Copyright Convention .
(c) TRIPS Agreement
In 1996, the world trade organization (WTO) Agreement on Trade-Related Aspects of Intellectual property Rights (TRIPS) entered into force with the U.S. and for all other WTO members that do not qualify and take advantage of, the transition periods of 4 and 10 years. Even for WTO members that did qualify for a transition period, the national treatment and most favored-nation provisions of Trips applied as of January 1, 1996. Now that January 1, 2000 deadline has passed and the transition period for developing countries (LDCs) has expired.
so W. Cornish D.LLEwelyn and T. Aplin, intellectual property patents, copyright, Trademark and Allied Rights 6th ed p,417 SlSumrnary of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961) www.wipo.int/treaties/en/ip/rome/summary rome.html
22 TRIPS obligations (related to copyright) are in full effect (also meaning that they are now subject 2 to dispute settlement) for these countries. 5
Trips Agreement is recognized that the Berne convention is the most part, provided adequate basic standards of copyright protection. Thus it was agreed that the point of departure should be the existing. In addition to requiring compliance with the basic standards of the Berne convention, the Trips agreement clarifies and adds certain specific points. Article 9(2) confirms that copyright protection shall extend to expressions and not to ideas, procedures, and methods of operation or mathematical concepts as such. 53
In accordance with Article 10 (1) Computer programs shall be protected as literary works under the Berne Convention. Therefore in Trips Agreement, according to article 9( 1) the starting point of the TRIPS provisions on copyright is that all members must obey with the substantive articles (1-21) of the Berne convention, other than the provision on moral rights. General for the first time in an international instrument, the basic dichotomy of this branch of the law appears (in American form): "copyright protection shall expand to expressions and not to ideas, procedures; ways of protection shall expand to expressions and not to ideas, procedures, and methods of process or mathematical concepts as such.
So as mentioned above TRIPS Agreement is also taking part protecting and promoting copyright owners due to their work whereas also article 9(1) is compelling his members to accept in Berne Convention which is revised many times in order to improve international level system of protection and its open all the states. 54 Finally, this treaty is important the states to complied because it's protecting all types of intellectual property particularly copyright where it also compliance related rights similar to Rome Convention.
52 Intellectual Property Alliance WTO TRIPS Implementation (WTO TRIPS Implementation) www.iipa.com/trips.html (last accessed May:2015) 53 Article 9(2) TRIPS Agreement 54 Article 9(1) TRIPS Agreement
23 (d) 1996: World Intellectual Property Organization (W.I.P.O.)
The WIPO copyright Treaty (WCT) is a special agreement under the Berne convention that deals with the protection of works and rights of their authors in the digital environment. Any contracting party (even if it not bound by the Berne convention) must comply with the substantive provisions of the 1971 (Paris) Act of the Berne convention of the protection of literary and artistic works (1886).
The treaty establishes an assembly of the contracting parties whose main task is to address matters concerning the maintenance and development of the treaty. 55
The treaty language highlighted "the need to maintain equilibrium between the rights of authors.56 And it wishes to develop and maintain the protection of the rights of the author in literary and artistic work as effective manner. 57 In article 1 of this treaty is mentioned the relation to the Berne convention and this shall not have any link with treaties except the Berne 8 Convention, nor shall it influence any rights and obligations under any other treaties. 5
Furthermore, the WCT mentions two subject matters to be protected by copyright: (i) computer programs, whatever the mode or form of t'leir expression; and (ii) compilations of data or other material (databases), in any form, which, by reason of the selection or arrangement of their contents, constitute intellectual creations. (Where a database does not constitute such a creation, it is outside the scope of this treaty.)
As to the rights granted to authors, a part from the rights recognized by the Berne convention, the treaty also grants: (i) the right of distribution; is the right to authorize the making available to the public of the original and copies of a work through sale or other transfer of ownership (ii) the right of rental; is the right to authorize commercial rental to the public of the original and copies of three kinds of works: (i) computer programs (ii) cinematographic works and (iii) works embodied in phonograms as determined in the national law of contracting parties (iii) a broader right of communication to public.
55 World Intellectual Property www.wipo.int/treaties/en/ip/wct/summary-wct.html (last accessed May 2015) 56 Ibid P,422 57 Preamble, WCf (WIPO Copyright Treaty) ss Article 1 of WIPO Copyright Treaty (WCT)
24 As limitations and exceptions article 10 of the WCT incorporates the so- called "three step" test to determine limitations and as provided, for in article 9(2) of Berne Convention, extending its applications to all rights. The agreed statement accompanying the WCT provides that such limitations and exceptions, as established in national law in compliance with the Berne convention. May be extended to the digital environment Contracting states may devise new exceptions and limitations appropriate to the digital environment. The extension of existing or the creation of new limitations and exceptions is allowed if the conditions of the "three-step" test are met.
As to duration, the term of protection must be at least 50yrs for any kind of work. The enjoyment and exercise of the rights provided in the treaty cannot be subject to any formality.
The treaty obliges contracting parties to provide legal remedies against the circumvention of technological measures for example used by authors in connection with the exercise of their rights, and against the removal or altering of information,
Somalia it's a member of this treaty and obliges each contracting party to adopt, in accordance with its legal system, the measures necessary to ensure the application of treaty. Must ensure also enforcement procedures are available under its law so as to permit effective action against any act of infringement of rights covered by the treaty.
(e) WIPO Performance and Phonograms Treaty
Whereas dealing only with the rights of audio performers and sound recording producers, this law makes some improvements in their general protection. Both perfmmers and record producers obtain a reproduction right, a distribution right and a rental right, as well as the right to public long a troublesome issue in some countries. 59
This treaty is also important to the copyright protection and wishing to develop and preserve the protection of the rights of performers and producers of phonograms in a way as effective and uniform as possible, And to balance between the rights of performers and producers of
"W. Cornish D.LLEwelyn and T. Aplin, intel/eclllal properlt; patents, copyright, Trademark and Allied Rights 6 25 phonograms and the larger public interest, particularly education, research and access to infonnation. 60 Also this treaty according to article I, it shows the relationships to other conventions so it granted shall leave undamaged and shall in no way affect the protection of copyright in literary and artistic works. 61 (f) Universal Declaration of Human Rights (1948) According to the Somaliland Constillltion article 10(2) is mentions that Somaliland recognizes and shall act in obedience with the United Nations Charter and with international law, and shall respect the Universal Declaration of Human Rights. 62 So, in this Declaration also participating for protection of copyright morally and economically, which is showing us in order to protect and promote copyrights is one universal right as mentioned this declaration in article 27: (I) everyone has the right liberally to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everybody has the right to the safeguard of the moral and material interests resultant from any scientific, literary or artistic production of which he is the author'. 63 (g) International Covenant on Economic, Social and Cultural Rights (1966) International Covenant on Economic, Social and Cultural also involves for protecting and promoting scientific, literary or artistic Art 15(1): "T7ze States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author'. 64 60 Preamble, WIPO Performance and Phonograms Treaiy 61 Article 1 WIPO Performance and Phonograms Treaiy 62 Article 10 of Somaliland Constitution 2001 63 Art 27 of Universal Declaration of Human rights 1948 6-1 Article 15 of International covenant Economic, Social and Cultural rights 26 2.4 The Regional Law and Standards 2.4.1 ARIPO (African Regional Intellectual Property Organization) The "African Regional Intellectual Property Organization" (ARIPO) was initially formed to pool resources on industrial property matters. IFRRO in 2006 signed a cooperation agreement with ARIPO cover all main features of copyright issues and since 2007 ARIPO, IFRRO and WIPO have together run a copyright education program of intellectual property officers and RRO personal in ARIPO member states. ARIPO adopted a determined program to add to its actions in relation to copyright issues: with other things it will collaborate with WIPO to carry out studies on the payment of intellectual property protection to the economy and to expand a policy document to help member states in the completion of the WIPO development Agenda. More over ARIPO also encouraging the members of states and provides guidelines to national legislative reforms on IP and serve as a stage to the implementation of IP strategies. 65 Furthermore, In his intervention to the Ministers from the 16 ARIPO Member States IFRRO's Chief Executive welcomed ARIPO's improved focus on copyright issues and guaranteed them of IFRRO's continued cooperation in implementing the work plan. In addition to the copyright education program the cooperation may also be extended to collaborate in awareness raising activities in the ARIPO Member States.66 All in All, ARIPO promises to develop, promote, complement and protect intellectual property and make sure that this contributes to the social, cultural, economic and technological development of its Member States. ARIPO further pledges to do this through the spirit of teamwork cooperation and mutual understanding among all stakeholders. 67 65 ARIPO with enhanced focus on copyright www.ifrro.org/content/aripo-enhanced-focus-copvright (last accessed : April2000-2015) 66ARJPO with enhanced focus on copyright http:/ /www.ifrro.org/content/aripo-enhanced-focus-copyright (last accessed: April2015) 67 G.H. Sibanda The Role of ARIPO as a Regional Intellectual Property Organization in Africa P,23 27 2.5 National Laws for Regulation of Copyrights in Somaliland Somaliland copyright it manages particular types of creative literary or artistic works such as books, music paintings, sculptures, films and technology support works. 68 The owner of a copyright has some special rights like right to make copies, broadcast or sell copies of the work. In the beginning copyright was intended at preventing copying of printed works, although in later copyright Act early British common law copyright rules and the UK's 1709 copyright Act (statute of Anne) and the different world-wide copyright conventions through the last two centuries, the statutory copyright protection now expands, particularly in the wake of 'digitization' and globalization, to musical and dramatic performances, and ·works like designs on clothes, contents of digital discs, computer games and software, and the new ways of distributing creative works worldwide have also prolonged communication to the public and the wider achievement of copyright and neighboring69 (related) rights.70 Thus, in developing countries have habitually had a different method to the balance between the conflict interests of the copyrights owners/holders and users/consumers of the protected works, which is reflected in and the levels of execution and enforcement of copyrights laws. As we mentioned before Somalia has a copyright of 1977 (which predates the WTO, TRIPS but not the WIPO) was, by all accounts scarcely ever implemented or forced. Highlighting on trade and property rights on the one hand and worries about growth, extension of knowledge and protection indigenous cultural on the other are regularly the alliance on which copyright and other IP rights protections policies and bilateral TRIPS connected trade agreements are sighted in the fewer developed countries. The WIPO Tunis Copyright Model Law for Developing Countries 1976 tackled some issues such as 'folklore', but requires ' digital age' revisions that 68 Article 2 of Somalia Copyright Law 1977 69 Somaliland Law www.somalilandlaw.com (last accessed: March 2015) 70 Related rights are a term in copyright law, used in opposition to the term "authors' rights". Copyright and related rights applicable to broadcasting of programmes by satellite and cable retransmission. (http:/ I eur lex.europa.eu/legal-content/EN /TXT /?uri=URISERV:I26053( last accessed: October 2015) 28 can also assist some of concerns of less developed countries on issues such as copyright exceptions and fir dealing (use) and gain access to knowledge and cultural works.71 (i) Copyright Law (1911) Despite in Somaliland had a copyright law since 1912 when the UK copyright Act 1911 was extensive to many British colonies and protectorates by an Order in Council in June 1912. The 1911 Act, which was referred to as first 'worldwide' Copyright Law because of its accomplish, consisted of 37 sections and two short schedules which put into practice the provisions and amended 1886 Berne Convention, although Somalia did not sign the Berne Convention. 72 So the Act is recognized as the original works like dramatic musical and artistic work' section 1 (1) whether published or unpublished and significantly, and it's not like the other parts of intellectual property rights so copyright has no condition of registration for the protected copyright under the Act to invest in an author of such work.73 According to section 3 in the case of the duration of copyright of this Act is providing to the life of the author a period of fifty years after his death. 74 The common law (i.e case law based) copyright was substituted by a statutory copyright and the duration of Copyright protection was extensive to the life of the author added to 50 years later. 75 While Berne convention in Article 7, granting the term of protection to the life of the author and fifty years after his death. 76 71$omaliland Law www.somalilandlaw.com last accessed: March 2015) 72 U.K Copyright Act of 1911 73 Section 1 of Copyright 1911 Act 74 Section 3 of 1911 Copyright Act 75 Somaliland Law www.somalilandlaw.com (last accessed: March 2015) 76 Section 7 of Berne Convention for the protection Literary and A rtistic 1886 29 (ii) Somaliland Constitution 1960 Somaliland has some main laws at the moment that they integrated in Somalia and those laws are relating to criminal and administrative matters. Generally these laws are mentioned in the intellectual property. So according to section 54(1) of the independent State of Somaliland Constitution (1960) approved that 'the existing law' in Somaliland on independence shall stay on to be the law of Somaliland as from the commencement of this Constitution except in so far as it is after that changed, modified, repealed or cancelled by competent authority.77 Article 3(1) of the 1961 Somaliland and Somalia Act of Union which confirmed that the laws in oblige in Somaliland and Somalia at the time of the formation of the Union shall stay in force and effect in the particular jurisdictions subject to the provisions of the Constitution, this law or any future law.78 Generally through the acceptance of Somaliland Italian established laws during the 1960s, it was simply in the 1970s that the major civil laws were incorporated. Somaliland has different civil and criminal legislation and implementation courts that ought to provide some remedies to obvious infringements of some IP rights. 79 (iii) Civil Code in 1974 The Civil Code it regulates in the civil matters and IP is the one of the issues that managing Civil Code in the light of the Article 16(2) of the Constitution and in the absence of a modern and effective IP laws in Somaliland, there are, in our view convincing arguments for the use of the Civil Code when it occurs infringement of IP rights that can be shown to have caused loss to the owner. Civil Code in 1974, it mentions, every responsibility which grounds injury to another person enforces an obligation for payment of damages by the person who committed it. Under Article 167, so the judge shall make a decision, in all the situations, the level of damages for the failure suffered. The limitation period is 3 years from the date the victim knew of the injury and 77 Somaliland Constitution of1960 section 54(1) 78 Article 3 Act of Union in 1961 79 Somaliland Law www.sornalilandlaw.com (last accessed: March 2015) 30 the identification of the perpetrator, and, in any case, such a claim will expire after 15 years from the date the act was committed (Article 175).80 (iv) Civil Procedure Code 1973 Civil claims are under Civil Procedure Code 1973 that can be made the suitable Regional Court (or, in small claims at the District Court) in line with Article 8 (appropriate forum) and 117 and 118 (issue of proceedings) of Civil Procedure Code. So, Civil Procedure it directs the civil claims including intellectual property and it puts notice to the opponent party to make clear the basis of the claim. In any case of prior Claim for instance, copyright owner can ask for that he/she had and prior clear recognition ownership may assist in not only, be the main act off likely infringements, but may also provide as evidence of prior claim of the copyright.81 (v) Somali Penal Code 1963 Somali Penal Code guards the public from criminal abuse of IP rights so in Article 365 stating the offence of forged, change or use of recognition marks of literary or artistic work or patents and industrial designs or models or products, including foreign ones. This offence is committed to provide the IP right holder which has complied with the "provisions of domestic law or international conventions for the protection of literary, artistic or industrial property".82 As there is no domestic Somaliland law yet in place, the prosecution will depend on the IP rights owner complying with international conventions, in which case those rights which do not necessarily require registration could well still be covered by this Article. The next article, however, has a much wider reach. Article 397 Offence of selling or distribute literary or artistic works or industrial products with domestic or foreign trade or other marks likely to deceive the purchaser as to their origin, source or quality of the work or product. It does not matter for this offence whether the IP related to the work or product was registered under 80 Somali Civil Code 1970 Article 160and 167 81 Civil Procedure Law 1978 Article 8, 117, 118 82 Article 365 Somali Penal Cod e 1963 31 domestic or international law, as the offence is intended at protecting the public from deceiving or misleading trademarks, names or indications. 83 (vi) Somaliland Constitution in 2001 In 1991 after the separation of Somaliland from Somalia, Somaliland made her own Constitution again. So, according to Article 10 in Somaliland Constitution, mentioned that Somaliland accepted all treaties and agreements entered into Somalia with foreign countries provided that these do not conflict with the interests and concerns of Somaliland. In addition to, under Art 130(5) of the Somaliland Constitution any pre 1991 laws that have not been repealed 'and which do not conflict with Islamic Sharia, individual fundamental freedoms' (and rights) set out in the Constitution 'shall remain in force in the country of the Republic of Somaliland until the promulgation of laws' which are fully in accord with the Constitution are promulgated. So, according to the Constitution there is a copyright law in 1977 which Somalia owns this Act will be operating until is developing another Act. 84 As well as, Somaliland Constitution it provides a protection in copyright owners according to article 22(2) speak about to both to the fundamental rights of expressing opinions 'orally, visually, artistically or in writing or in any other way' under Art 32(1) of the Constitution and dorm also part of 'the right to own private property' under Art 31 of the Constitution.85 Moreover in provision 16 of the Constitution it emphasizing the intellectual property and 16 (2) of the Somaliland Constitution states that "the law shall determine the rights to authoring, creating and inventing" and therefore recognizes that these IP rights shall be protected in Somaliland. Secondly mindful of the fact that new Somaliland laws cannot promulgated quickly in all spheres of life. 86 83 Somali Penal Code 1963 Articles 365,397 84 Somaliland Constitution 200110 and 130(5) 85 Somaliland Constitution 2001 Article 22,31,32 86 Article 16 of the Somaliland Constitution 2001 32 Clearly reference in such laws to the Somali Republic or the Somali Democratic Republic and its institutions, if applied in Somaliland will have to be read as referring to Somaliland and its institutions and also provisions which are deliberately contrary to other parts of the Constitution have to be misapplied or interpreted in a manner that is consistent with them. In my view, also any provisions that are currently plainly impractical or unenforceable or out of date or are significantly out of step with international practice or existing similar legislation in other countries, because of the changes of circumstance and passage of time need not be applied as they shall not be in the interest of the Somali land people. 87 2.6 Copyright Law in Somalia 1977 Somaliland has a copyright law from Somalia in 1977. So according to the constitution of Somaliland in provisions 10 and 130(5) this copyright Act will be the Act of Somaliland until the parliament is enacting to another copyright Act of Somaliland. As well as international regional and national laws all of them mentioned the importance of creativity towards the community whether in the side of development to the country or the incentive of the owners who are coming with a new creativity in order to keep going their expression or inventiveness. So Somaliland must have to plan to come with a new Act in order to protect the interest of the owners. This Act of copyright in article 1 is defining and interpreting the key terms of the Act where it mentions like Ministry, author, work, co owners work, joint work, original work, the general work, publication and copy. So copy it defines is a production of work which is not original but if its original work, translates or changes any kind it can stand itself. Therefore, in article 2 of this Act mentioning all the works that protecting literary and artistic work, music, drama, architecture, broadcasting, topography, cinematographic, Drawings and etc. 88 While duration of the copyright protection of this Act is 30 yrs after death of the author as 87 Somaliland Law www.somalilandlaw.com ( last accessed: March 2015) 88 Section2 of the 1911 Act 33 stating in this Act. 89 As well as, in article 24 is a mention the duration of the copyright protection of this Act is 30 yrs after death of the author. On the side of infringement, Somalia copyright Act is provides a punishment of one year or sh.so.6000 or both, to a person who infringes on and authors work without authorization. Moreover, this Act guarantees in Article 57 civil remedies and criminal remedies, so any person whose rights under this Act and infringed his work can claim the court a remedy about infringement action and different courts can handle these matters. And section 58 it emphasizing the civil remedies and procedure where the person can claim the court but is not mentioned particular court whether regional or district court. At same time, this Act is 95 articles which regulating the copyright matters where it is important to control the matters of copyright although this Act summarized in some issues and still it needs amendments in some provisions and its writing in Somali where there is no copy of translation in English language. 2.7 Institutions for Managing Copyrights in Somaliland The institutions which are responsible for copyrights issues are not only for copyright but whole intellectual property. So, those institutions are Ministry of Information, Cultural and Tourism, Judiciary and Parliament. Somaliland government is liable to manage all works of copyright matters as mentioned in her constitution and Copyright Act in Somalia. So, recently Ministry of Information, assumed that the culture mandate is going to manage the ministry of information and it has been official shifted from the Ministry of Youth and Sports to the ministry of information and national guidance. Ministry of Information cultural and tourism is the one of the institutions which is responsible for copyright issues. Moreover, it is responsible to open registration office according to article 74 of Somalia Copyright Act.90 89 Article 24 Somalia Copyright Act in 1977 90 Article 74 Somalia Copyright Act 1977 34 Judicial is also responsible for implementing the laws of the country. So, in Somaliland judicial system as Judiciary law (law NO: 24/2003)91 mentioned that the courts of Somaliland are courts of first instance, which are the District courts and the Regional courts, which are responsible to all civil and criminal litigations including intellectual property. The Appeal courts which are based on each region.92 Parliament is also responsible to amend new laws to the country which is corresponding with the international laws. Finally, there is Somaliland Writers Association and its also reliable promoting authors in Somaliland. Indeed, all these institutions that we mentioned above are not aware that they are responsible for protection and promotion of copyright in Somaliland. And there is no institution which is working on intellectual property particularly copyright. Although there is Somaliland Writers Association but this had no office in Somaliland and its information is not accessible in the internet. At the same time, Ministry of Information, Cultural, and Tourism is responsible for registration according to the Act of copyright 1977 and there is no office of registration through intellectual property. So, to register copyright is not compulsory, but the Act makes it compulsory. 2.8 Conclusion Copyright laws were started in England after beginning of printing so the statute of Richard III was encouraging printing books and after fifty years repealed this statute. In Somaliland there are laws which are protecting copyright such as constitution of 2001, penal code and even Somalia copyright law. All these are ineffective in Somaliland. There is no institution which promotes the creativity of the country. At same way there are international conventions which are protecting copyright like Berne convention, Trips, Universal Copyright Convention, WIPO Copyright Treaty, Universal Declaration and ICESCR. 91 Judiciary law (law NO: 24/2003) 92 Somaliland Law www.somalilandlaw.com( last accessed: March 2015) 35 CHAPTER THREE A COMPARATIVE STUDY OF THE REGULATION AND PROTECTION OF COPYRIGHT IN UGANDA 3.0 Introduction This chapter presents and reflects a comparative study in Uganda. It also discusses International and National copyright laws in Uganda. It views good lessons in Somaliland Laws of copyright and Institutions which are managing copyright. 3.1 History of Uganda Copyright Law Ugandan's copyright current developed first established by the British through their colonial regime, Copyright in Uganda was at first planned to protect British authors and publishers within the Ugandan Protectorate. In the past, Uganda's copyright protection was result of the common law system, due to the country's British colonial heritage. From 1964- 2007, Uganda operated under the Copyright Act Cap. 215. ('The 1964 Copyright Act'), which was succeeded by the Copyright and Neighbouring Rights Act of 2006 ('the 2006 Copyright Act'). The principle of this new law was to replace and update the previous law. The repealed Act of 1964 had never been altered in its history, in spite of the information that it had existed in nearly the same from in Uganda since 1953, and even though the corresponding British law of 1911 from which it was resultant had seen a lot of amendment since beginning.93 The repealed 1964 Copyright Act, which primarily held to British tradition, the 2006 Copyright Act is a mixture of both the British and the American approaches. One salient characteristic of the mixture nature of the 2006 Copyright Act is the importation of the concept of 'fair use', 93 Dick Kawooya, Ronald Kakungulu and Jeroline Akubu African copyright and Access to knowledge countn; report may 2009,Page8 36 which is primarily an American copyright mechanism. Several factors led to the repeal of the 1964 Copyright Act. Uganda is member of the East African Community (EAC) alongside Kenya, Tanzania, Rwanda and Burundi. The EAC determined to update intellectual property laws to protect innovative industries in the region. Uganda is moreover member of the African Regional Intellectual Property Organization (ARIP0).94 Thus, the environment of external pressure, joined with some internal demands from recording/performing artists, created a certain kind of copyright policy-making environment in Uganda. This policy-making environment led to a Private Member's Bill in 2004. The Copyright and Neighboring Right Bill 2004, which turned into the 2006 Copyright and Neighboring Rights Act, which became imperfect focus on teaching and learning exceptions, has had potentially serious consequences of education and research. The Member of Parliament accountable to the Bill was really influenced by the viewpoints of musicians, and in general. The revised 2006 Copyright and Neighboring Rights Act places great emphasis on enforcement, - and also emphasis to limit the access to educational and research materials. 95 Therefore, a study by Edgar Tabaro, which is, basically, evaluate the first draft Bill released in 2004 of the copyright law amendments, is helpful in analyzing the form of the final 2006 Copyright and Neighbouring Rights Act. Tabaro seriously analyses the Copyright and Neighbouring Rights Bill 16 of 2004, a Bill introduced by a Private Member (the Hon. Jacob Oulanyah, Member of Parliament for Om oro County, Gulu District, Uganda). The Bill required repealing the outdated 1964 Copyright Act, which was a replica of the United Kingdom Copyright Act of 1957, which had since undergone improvement on many occasions in the United Kingdom. Tabaro study the ideas and principles adopted by the Bill in the context of Uganda's national development objectives and policy instruments. He disputes that the Bill mainly sought to update the 1964 Copyright Act and bring it to international standards at the 94 Dick Kawooya, Ronald Kakungulu and Jeroline Akubu African copyright and Access to knowledge country report may 2009,Page8 95Jbid page9 37 expense of domestic objectives. According to Tabaro, complete copyright legislation should be based on a more significant prupose in the state development process.96 Moreover, it is important also to note that copyright and Neighboring Rights Act in 2006 under Section 43 there is optional registration, since the Act uses the term 'may', thus involving that registration is not mandatory. However, under Section 43(6)97 of the Act it is directed that the Registrar shall issue a certificate as evidence of registration. This certificate acts as an inducement to register copyright and neighboring rights, since such a certificate could be taken as conclusive proof of ownership of the right. At the same time of writing this report, the draft Regulations were not honestly available. 3.2 Laws that Regulate, Protect Copyright in Uganda In Uganda there are a many laws which are protecting copyright whether national or international laws for instance international laws like TRIPS Agreement and Berne convention. Uganda didn't sign to Berne Convention but it was forced to Berne because Berne convention incorporated with WTO Agreement on Trade- Related Aspects of Intellectual property Rights {TRIPS Agreement). As well as there is a national laws like Constitution of Uganda 1995, Arbitration and Conciliation Act 2000, Uganda Registration Service Act and Copyright and Neighboring Rights Act 2006. 3.2.1 International Laws Uganda never signed to the Berne Convention, although due to the reality that many provisions of the Berne Convention are integrated into the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement), which Uganda is compelled by, these Berne 96 Dick Kmuooya, Ronald Kalamgulu and ]eroline Akubu African copyright and Access to knowledge country report may 2009, pageS 97 Article 43 Copyright and Neighboring Act, 2006 38 provisions in order to apply. The Appendix to the Berne Convention offers the statutory licenses, mainly to translation and specific kinds of procreations and Uganda has not informed the use of the supplement, it has yet passed like provisions within the 2006 Copyright Act. 98 In April 1994, Uganda signed the Marrakech Agreement establishing the World Trade Organization (WTO), requiring it to comply with, among other things, the TRIPs Agreement. Uganda has undertaken several legal reforms to comply with WTO rules, though significant work remains to be done. Uganda, being a least developed cmmtry (LDC), was not obliged to comply with TRIPs until 2013 with respect to copyright.99 The treaty which is mainly applicable in this regard is the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of 1994. In relation to copyrights, TRIPS requires fulfillment with Articles I to 21 of the Berne Convention 1971; Protection of computer programmes comprising intellectual creations; Recognition of the right by the authors of computer programmes and cinematographic works to forbid the commercial rental to the public of originals or copies of their copyright works; Uganda obligation under the WTO is a great ne~d to bring the current legislation in line with the international commitments to which Uganda is bound. At tllis moment Uganda is obligated to fulfill specific legislation. Thus the legal system with regards to commercial laws is exaggerated and in particular legislation connected to trade related Aspects of IP rights. So all WTO member countries are required to adopt national legislation and regulations to implement the rules prescribed by GATT 1994 and its associate agreements GATTS general Agreement on trade in services and the agreement on TRIPS (Trade Related Aspect Yet, the 2006 Copyright Act largely implemented a number of the copyright provisions in TRIPs. 100 Article XV.14 of the agreement establishing the WTO gives that each member states shall make sure that its law and policies are brought to agree with to its obligations rights and benefits can only be accessed and taken advantage of only with the correct legal framework in place given the 98 Uganda law Reform Commission A study report on Industrial property law (patent, Industrial Designs technologies & Utility Models) 99lbid p, 16 100 Uganda law Reform Commission A study report on Industrial property Jaw (patent, Industrial Designs technologies & Utility Models) p, 17 39 difficulty and number of legislation involved and the need for a complete review of the listed legislation; the commission wishing for of contracting one advisor being a lawyer with specialized training in intellectual property rights with special highlighting on the trips Agreements. 101 Under the responsibility as set out in the WTO agreements longer transitional periods were granted for developing countries to apply the obligation under the Trips Agreement. According to the Uganda Law Reform Commission been no technical assistance from these organizations in the re-drafting of IP legislation. The only support that is worth mentioning is that WIPO has organized some seminars in Uganda in which they drummed up support I nervous for IP law reform and urged for the sensitization of the public to the need to reform such laws. Such seminars I workshops (at which relevant papers were delivered) were organized by WIPO and the Uganda Government. There has however been no actual assistance in the re-drafting of IP laws. 102 Uganda is not member to the ' WIPO Internet Treaties' (the WIPO Copyright Treaty [WCT] and the WIPO Performances and Phonograms Treaty [WPPT]) and is, therefore, not bound by these two instruments. 3.2.2 National Laws (a) Uganda Constitution 1995 as (amended) 104 Constitution of Uganda is the highest law of the country , so the constitution is guaranteeing several rights and freedoms that have significance copyright, either by enhancing access to knowledge or by concretizing the protection given to rights-holders. Some of the relevant provisions of copyright such as article 30 which promise the right to education to all people where as article 41 is given every citizen the right to access information. 101 Article XV.l4 Treaty, World Trade Organization (WTO) t02 Dick Kawooya, Ronald Kakungulu and Jeroline Akubu African Copyright and Access to Knowledge Country Report may 2009,Page6 103 Dick Kawooya, Ronald Kakungulu and Jeroline Akubu African Coptjright and Access to Knawledge Country Report may 2009, Page8 104 Section 2 Uganda Constitution of 1995 40 Article 26 of the constitution also guarantees every person a right to own property. And finally, guaranteeing freedom of expression. 105 (b) Penal Code Act 1950 In Uganda today, there are a number of legal provisions pertaining to the administration and enforcement of intellectual property rights. Penal code also discusses and it concerns IP as mentioning the publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property. The money paid or advanced, or any other sum of money or reward in the return of such property; or Prints or publishes any such offer commits a misdemeanor. 106107 (c) The Access to Information Act of2005 According to constitution ofUganda in article 41 is guarantying the right to access information. Referred, to that, article the procedure for obtaining access to that information and for related matters. Dick Kawooya, Ronald Kakungulu and Jeroline Akubu 108 are discussing provisions which are relating and protecting copyright. Nevertheless this Act protects copyright, where the Act information requested, a copyright is free in order to benefit the public when the copyright is not owned by the state or public body. 109 As well as, the Act laid down in section 20(8) when the information is asked to access the form which may be denied if it amounts to infringement of copyright. At same time section 20(3) when a record is made available to any person under the Act, that person may make copies using his or her equipment unless doing so amounts to an infringement of copyright. 10s Article 30,26 and 41 of the Uganda Constitution of 1995 106 Oxford Dictionary of Law defines formerly any of the less serious offences as opposed to felony. P,210 101 Penal Code Cap 106 10s Dick Kawooya, Ronald Kakungulu and Jeroline Akubu Chapter 9 Uganda page 9, 109 Section 5 of the Access Information Act of 2005 41 (d) Copyright and Neighbouring Rights Act, 2006 As well as, preamble Copyright and Neighbouring Rights Act, 2006 is guarantying protection of literary, scientific and artistic intellectual works and their neighboring rights and to provide to other related matters. At same time section 5 particularly mentions all the types that are protecting plus computer programs, illustrations and traditional folklore and knowledge), as well as derivative works such as translations, alteration and collections. 110 Moreover, Section 2 is defining the key terms of the Act while in section 6 obvious mentioning that Act is not protecting ideas, concepts, procedures and methods. So, Act also guaranty in section 9 Economic rights and section 10 Moral rights of author, the author of any work the copyright law guarantees those two rights that the author has right to publish, make accessible copies to publish to broadcast and communicate the work to the public. on the other hand the author has right to demand ownership of that work also to acknowledge the authors name any time that is using on that work , alteration or modification.111 In addition to that Section 13(8) of the 2006 Copyright and Neighboring Rights Act112 gives moral rights in time without end. While the duration of copyright in Uganda preserves to the standard necessities as guaranty in the relevant international instruments such as the Berne Convention and TRIPs. The Copyright and Neighboring Rights Act provide economic rights protection, as a rule, for 50 years after the death of the author. According to section 17113 mentions license is approved under this section and licensee shall make sure that the translation or copy of that work is correct and the published copies contain, title, the name of the author, language of the translation or reproduction, the year of first publication and where the work is published. 110 SectionS of the Act Copyright and Neighboring Rights Act of 2006 m Section 10 Copyright and Neighboring Rights Act, 2006 112 2006 113 Copyright and Neighboring Rights Ac t, 2006 (5,6) 42 At same way section 18(2) stating that the minister1 14 shall not issue a license under section 17 unless the minister is satisfied that no translation of that work into the language in question has ever been published in a material form, or under the authority of the owner of the right of translation. After that, the applicant at the time making application, sent a notice of the application to the International Copyright Information Centre at the UNESCO, or a national or regional copyright information center officially designated to that organization by the government of the country where the author or publisher is believed to have his or her principal place of business. 1 15 Thus, Section 46 Infringement of copyright or neighboring right happens where, without a suitable transport, license, assignment or other approval under this Act a person deals with any work or performance contrary to the allowable free use and in particular where that person does or causes or permits another person to copy, repair, photocopy, remove and pretend to be or bring in into Uganda or else than for his or her own private use. One of the copyright infringement cases Attorney General Vs Sanyu Television, so Uganda Television was granted exclusive rights to broadcast live coverage of the World Cup football series and that respondent had infringed these rights by screening the matches on its television station, Sanyu TV. After all, according to Section 43 of the Act it is commanded that the Registrar have to issue an official document as proof of registration. This certificate acts as an inducement to register copyright and neighbouring rights, since such a certificate can be taken as concluding evidence of ownership of the right. Hence, there is a "Copyright and Neighboring Rights Regulations of 2010" are silent on how traditional knowledge and tradition will be specifically protected. Whatever the case may be, Section 3(1) of the Regulations sets inflexible registration standards involving proof of ownership of protected. So this regulation mainly serve to provide a process for the registration of copyright and neighboring rights, or any assignment, licensing or transfer of a copyright or neighboring right. 114 Minister of Justice in Uganda us Section 18(2(d) Copyright and Neighboring Rights Act, 2006 43 (e) Arbitration and Conciliation Act 2000 The other law which are relevant and protection in copyright "Arbitration and Conciliation Act 2000" so this Act binds before the case to settle the disputes out of court except if the arbitration is null and void, 116 so this has guided to many copyright cases being established out of court and in such cases there is no record of the negotiations and terms of settlement. The law responsible in this case is the Arbitration and Conciliation Act. However, lawsuits which is relating copyright infringement has until lately been very limited. Although the movement now is that the Commercial Court a branch of the High Court of Uganda is registering in order to solve intellectual property cases. More than a few have been registered, a greater part of which are still ongoing. There are decided cases to the Commercial Court. Uganda performing rights society limited vs. Fred Mukubira John Murray vs. George William Senkindu, Sebagalo v MTN 117 and another . 3.3 Institutions of Copyright Protection in Uganda Uganda Registration Service Bureau is one of institutions which governing various registrations and collection accounting of revenues under various relevant law while the ministry of trade industry and supportive has the overall responsibility for WTO substances plus TRIPS implementation, also Judiciary has takes good role of solving infringement due to claim a remedy. 116 Arbitration and Conciliation Act of 2000, (Chapter 4 Cap. 5) 117Dick Kawooya, Ronald Kakungulu and Jeroline Akubu Chapter 9 Uganda Page 10 44 (i) Uganda Registration Services Bureau (URSB) Uganda Registration Services Bureau is an independent body under the Ministry of Justice and in general dealings are liable for the administration of all IP legislation, reforms and policies. URSB is also the central institution for WIPO.us The Bureau's operations do not relate to IP alone but includes other registration activities that are provided for in various laws. The Bureau handles the following registries: bankruptcy, births and deaths, building societies, business names, chattel transfers, companies, marriage, partnership, documents, and the registries which concern IP, patents, trademarks and copyright. The date of entry into force of the Uganda Registration Services Bureau Act is provided for by the Uganda Registration Services Bureau Act (Commencement) Instrument of2004. 119 (ii) Judiciary Judiciary120 judiciary also is liable for applying the laws of Uganda particularly intellectual property because judiciary is responsible to solving disputes of copyright issues which is also most crucial point in the case of infringement. Judiciary is the third arm of the government under 121 doctrine of separation of powers • So, the judiciary has various courts of adjudicates the disputes, in Uganda there is commercial court122 which were established in 1996 as a division of High court of Uganda devoted to hearing and determining commercial disputes with current jurisdiction. So In Uganda copyright matters are worked upon by the High court commercial court division.123 118Elizabeth Tamale Challenges facing LDCs with regard to TRIPS Implementation: the case of Uganda 24 (last accessed: September 2014 -2016) 119 http:/ /jobs.co.ug/?p=3625 (last accessed: Febuary2015) 12o http:/ jwww.copyright.gov/ (last accessed April2015) 121 Dictionary.com the system of courts of justice in a country www.statehouse.go.ug/goverment/judkiazy last accessed (2011-2016) 122 The Judiciary Republic of Uganda (Commercial Court Division) www.judicature.go.ug/data/smenu/17/commercial court Division.html (last accessed March (2015) 123Uganda High Commission Pretoria (The Judiciary of the Republic of Uganda) http:/ /www.ugandahighcommissionpretoria.com/The-Iudiciary-of-Uganda.html (last accessed September2014) 45 (iii) Uganda Law Reform Commission The commission continually examines and reviews the Acts and other laws of Uganda with a view to creation recommendations for their orderly improvement, development, transformation due to improve and revision. This plans to set up an up to date sufficient lawmaking environment. 124 So, this commission is a constitutional body and founded under article 248(1) of the constitution. 125 Comparing to other institution Uganda Law Reform Commission plays minimal role to the intellectual property although is the bridge to all these gaps in new proposed legislation and copyright is one of the examples 126 (iv) Uganda Performing Right Society (UPRS) In contrast, Uganda also has Uganda Performing Right society127 and her objective is to promote and encourage creativity in artistic literary and scientific in Uganda. And formed 1985 by authors particularly musicians due to improvement the basis of copyright administration in Uganda. UPRS is accepted by the Government as a gathering Society and is a Member of the Confederation of International Societies of Authors and Composers (CISAC). World intellectual property organization m 2004 gave a work station to Uganda and the government offered it to UPRS so that they run their members' copyright issues successfully and in compliance with the international standards. For now UPRS has entered into agreement with other societies worldwide under the support of CISAC. So UPRS safeguards both foreign and local works and while other societies protect UPRS members works in their own countries. 128 124 www.jlos.go.ug/old/index.php/2012-09-25-13-11-16/member/institutions /Uganda-law-reform-commission (last accessed: 2013-2015) 125 Article 248(1) of the Uganda Constitution (as amended1995) 126 Samuel Wangwe et al. Case study of Uganda sh1dy 9: Institutional Issues for developing countries l P policy-making administration and enforcement p,ll-13 127 About Ugandan Performing Rights Society http:/ /www.uprs.ug/about.html(last accessed: April2015) 128 Ibid 46 Hence, as we aware all institutions need financial assistance so the ULRC did prove that they had received some fmancial support from the United States Agency for International Development (USAID) to allow it to influence its IP system to fulfill with TRIPS. USAID employed an emigrant advisor from the United States to operate with the TRIPS Task Force and to advise it on matters pertaining to TRIPS. His travel, somewhere to live and continuation were covered by USAID also to his payment. USAID also offered finances (US$ 15,000) through the Private Sector Foundation (PSF) to make easy the TRIPS task force and stakeholders' workshops. This total provided for workshops, reports, and the preparation of draft bills. So, Government of Uganda also donates monetarily through its normal part of funds to ULRC as a national institution to pay for salaries, among other things. 129 (v) Ugandan Musicians Union (UMU) Ugandan Musicians Union founded in 1998 is a national umbrella organization fetching together performing musicians and encourages matters of social protection, fairness, human rights, copyright management, moral working conditions and employment for the jobless and future performing musicians in Uganda. 130 Performing musicians are often unimportant or barred from the benefits of social protection and are defenseless to exploitation and income upsets thus the formation of a union for collective good dealing as a united voice, and to advocate for expansion of social protection among . . . 131 perfi ormmg mustctans. Overall, the organization m Uganda which stimulated Intellectual Property Rights (IPRs) Management is the Uganda National Council for Science and Technology (UNCST). UNCST has approved that there is no national policy on IPR management. It has suggested that 129 Samuel Wangwe et al. Case study of Uganda sh1dy 9: lnstihltionallssues for developing countries IP policy-making administration and enforcement p,11 130 Uganda Musicians Union http://www.ugandamusiciansunion.org/index.php/about-us.html(last accessed:2014- 2015) 131 Ibid 47 Universities and research institutes fonnulate their IPR Management Policies, which will ultimately provide a National Policy. 132 So, Makerere University has prepared an IPRS policy in (2004). Put into practice the Makerere University Vision of as long as research and service applicable to sustainable development needs of society. The policy describes intellectual assets and property. The guiding principles under the Policy deal with the management of intellectual assets and property. 133 The IPRs policy also defmes the functions of the Intellectual Property (IP) Manager. 3.4 Conclusion The first of this chapter has explained a good overview about the history of copyright law in Uganda. The first Copyright Law in Uganda, 1964 of Copyright Act which is repealed and changed to Copyright ofNeighboring Act, 2006. In 1964 Act is the one which was canceled and restored the Cap 215 of 1964. Second part, it explains the copyright and laws related to international conventions standard such as WTO, TRIPS, and Berne Convention which are protecting and promoting copyright owners in Uganda and the world. The regional laws which are governing copyright matters are East African Community and ARIPO. And national laws preferred the Copyright Neighboring Rights Act 2006. Last part, this chapter talked about institutions which are managing copyrights in Uganda and their roles in copyright issues, such as; Uganda Registration Service Bureau, Judiciary, Uganda Performing Rights Society, Uganda Law Reform Commission, Uganda Musician Union and Mekerere University. 132 David J. Bakibinga, Intellectual Property Rights in Uganda: Reform and Institutional Management Policy Formulation 2006. P,14-16 133 Ibid p,14-16 48 CHAPTER FOUR COPYRIGHT INFRINGEMENT IN SOMALILAND 4.0 Introduction This chapter presents infringement cases and findings of the study. It also establishes the interpretations of the study in relations to the research objectives. Findings are resulting from the interviews and analyzing cases which are reflecting to copyright law in Somaliland 4.1 Essence and Benefit of Copyright Protection Somaliland Mike Masnick from his article Yes, copyright's sole purpose is to benefit the public mentioned that the only purpose of protection is to benefit the public where also copyright is first for the author and second the nation. 134 So copyright is protecting the owner of the work at same time promoting creativity and the development of the country. Also on a side is permitting the public to benefit from the work. And the fundamental point is to advance science and the arts. In Somaliland, people are well known as community of poets. The Somali language was given an official alphabet for the first time in 1972 but many Somalis can recite poems that are centuries back. As such, the most common way of experiencing Somali poetry is through listening rather than reading. Mohamed Dalrir Afrax mentioned that singers and actors are always responding to the long crisis, also poems, songs and drama. Poets have also encouraged peace, For instance, in the poem, Dagaal waa ka dare which means "War is most horrible" which means Nabad la'aani waa nool la'aan "No peace is no life". 135 Also another Peace Song' was formed to help and remind people of the benefits of peace and the necessity to play a part to maintaining it. "Let all 134 By Mike Mansick Yes, COpljright's sole purpose is to benefit the public 135 Towards a Culture of Peace: Poetty Drama and Music in Somali (Whose peace is it anyway? Connecting Somali and interna tiona I peacemaking) http://www .c-r.org/ accord-article I towards-culture-peace-poetzy-drama-and music-sornali-society and music-Somali-society (last accessed: September 2010- 2015) 49 creatures live peacefidly" finishes the song, "and only then your peace is guaranteed." Let all creatures live peacefully". 136 As well as, National Anthem in Somaliland is talking about "Long life with peace, long life with peace, long life with peace" by Hassan Sheikh Mumin. Accordingly all kinds of copyrights play an important role previously and today, but there are challenges that are being faced by the creators in Somaliland. In fact it needs to balance the interest of copyright ownership and the public and that is the responsibility of the government. So, Somaliland must have to respect according to the provisions that her constitution mentioned like in article 16 of which is promoting creativity and invention where it also granting and protecting IP rights in Somaliland. Even copyright Act of Somalia provides and emphasis on copyright protection which has potential to limit the infringement of the original work. Finally, copyrights provide the owner in economic rights and morals give authors right to control others from making copies. 4.2 Infringement of Copyrights F.E. Skone James from his book of law of copyright137 is classifying infringement of copyright into two types and it says since 1911 Act, entire inquiries were concerned what arises copyright infringement and not be an infringement of copyright. 138 So after that, on that statute is defined and classified into direct infringement and indirect infringement. Thus, direct infringement as Act it mentions which is without permission or without acknowledgement to use the work of the owner or the rights that granted the Act. While indirect infringement as states in section 2 (2) any person who sells or hiring, disclosure, distribution showing from another person's work shall also be from his action of infringement. In article 54 copyrights law in Somalia is stating the punishment of copyright infringement whether fine or imprisonment, but is not mentioning direct and indirect infringement but it says the person who 136 Peace Day debate in Somaliland: How to make peace sustainable? http:/ jwww.interpeace.org/2012/10/peace-day-debate-in-somaliland-how-to-make-peace-sustainable/ (last accessed: October 4 2012- September 2015) 137 F.E. Skene James, Law of Copyright 8" ed P117 138 Ibid p,l17 so infringes the original work can do any kind of infringement which will be liable to his Action. 139 In the case of remedy this Act mentions in article 59 140 that the person can claim compensation and expenses of litigation sue according to article 61 and 67 of the Civil Procedure Law. 141 4.2.1 Infringement Copyright Cases in Somaliland Infringement cases that occurs in Somaliland are mostly infringed in songs, where another musician violates others songs and takes without authorization in the real owner. At the same time there is lack of understanding of the law to copyright owners and community, also technology is taking part to make easy in infringement that occurs. So, the Somaliland government doesn't have duty to protect and to promote those creators. In July, Yaasmiin Omar H. Deputy of Attorney General (Regional Court in Hargeisa) mentioned that "Completely, copyright infringement cases in Somaliland doesn't reach the court because, society is not understanding the essence of copyright and how it's important not to infringe. At the same time copyright owners are not knowledgeable about how to claim for their rights. Even the government is part of the lack of protecting and promoting creativity of the country. In fact, in the case of infringement, I hear mostly the original songs and all of them that the young singers infringe as they are the original owners of these songs. for instance, most of the original owners whose songs were infringed are; Hassan Aadan, Ahmed Gacayte, Abdinasir Macalin, Cabdiqaadir Juba, Salad Darbi, Kuluc, Mohamed Mooge, Ahmed Moge, Abditahlil, Baealwan Roraye and Omar Dhule Ali as well as in the side of the women singers like Magol, Hiba Nuura, Mandeeq, Saynab cige Aaamina Cabdilaahi, Shankaroon and Kinsi Haji Aadam. So most of the singers died, and no one who is following up there issues, other singers are totally ignorant about existence of the law." 142 In September, Tarabi Aadan Tarabi his father is singer (Aadan Tarabi) and composer of songs and "he mentioned the important protection and promotion of intellectual property taking a 139 Article 54 Somalia Copyright Act 1977 140 Article 59 Somalia Copyright Act 1977 141 Article 61 and 67 Civil Procedure Law in 1974 142 Yaasmiin Omar Deputy of Attorney General (Regional court in Hargeisa) 51 part in Jevelopment of the country and finally he said that he heard that there is a copyright Act at the same international conventions which are protecting copyrights but it needs to for search those Act. And finally he stated that his father's songs not infringed although he heard many cases of copyright infringement through the media. But actually he doesn't !mow whether they are solved or not because the courts of Somaliland have no role to those issues. And he mentioned the following cases":- Rahma Rose Vs Nimco Yaasmiin (Digtoorka)143 2012, so both of them are Somali singers in two different countries Nimco Yaasiin (Jabuti) and Raluna Rose (Somaliland). Nimco is the Real owner of the song ofDigtoorka while Rose in 2012 infringes the copyright of the Nimco Yaasiin song. After that, Nirnco Y aasiin through the media claimed that she is the owner and the words of these songs were made by Ali Diiriye Cigaal (Ali Gaab) in 1994 and Nimco sung it in 2008. 144 Thus, copyright Act of Somalia protects both Somali's authors and foreigners where it says that if those foreign countries signed the international conventions of copyrights at the same time also Somalia signed those agreements in the Act which guarantying a protection to those authors. 145 So the Act has also give a protection to the foreign singers and it is not permitted to violate their own work. The Another song (Kampala Adaa I baday)146 Sabra Halgan vs Ayaan Warsame, which was for the real owner was for Sahra Halgan in 1994, but another singer her name Ayaan Warsame (2009) said " I run the owner of this song and y father wrote me this song and the story of the song is real story and happened to" me . So, Ayaan warsame infringed this song of Sahra Halaanl47 "' As well as, Nimco Dareen vs Marwo Abdi148 the first song that she sung was not her song and another lady was the owner of the song Marwo Abdi and the name of the song was (Booli) 149 so 143 Digtoorka it means doctor "' YouTube>watch>v=tc74rstVuTU (last accessed: September 2015) 145 Article 11 section 3 of the Copyright Act in Somalia 1977 146 Means "Pushing me being in kampala" 147 Ayaan Warsame,Sahra Halgan iyo Heestii Kampala' maqalarag.com https: I I www.youtube.com lwatch?v=fMOT3u psHvw(last accessed: August 2015) 148 Nimco Dareen Vs Marwo Abdi YouTube>watch>v=xXBsbYTQqU (last accessed: August2015) 149 Nimco Dareen Vs Manvo Abdi YouTube>watch>v=xXBsbYTQqU (last accessed: August2015) 52 Nimco had copied this song to Marwo Abdi and the owner of the real words of the song is Hassan Ganey and the music of the song Ahmed Gacayte (Waaberi Studio) Mohamed Bk Vs Ahmed Biif, (Armuu Idi1aa Cishcigu) 150 so Mohamed Bk, is claiming to be the owner and the first who sung this song. So both of them are claiming that they are owners of this song but nobody knows who the real owner of this song is because when you listen to the words of the song they are just same. So that problem it just there and nobody work out this case. lSI However, most of the authors they are not knowledgeable about whether there is a law or not and particularly the Act of copyright which is promoting and protecting copyright so often the infringement cases arise in Somaliland authors to copy their work without authorization from the real owner. Abdirahman Guribarwaaqo who is an author152 and he stated August 2015 "In my life I have heard only just one case and that case was two men were conflicting about poem but fmally it was solved by traditional custom. When we compare to our country in the world how they protects their intellectual property and the level that we are, you will find huge difference that our state and even our community doesn't not recognizing copyright as kind of property even there is no law particular which is governing to those issues". In August I have interviewed in Abdishakur Ali Muhumed153 (Judge in regional court ofBurco and writer) he said "During my work as judge I never met any case which is concerned about in copyright issues and at the same there is an Act which Somalia owns even in the constitution there are provisions which also protect the owner of original work. The Act is not successful in Somaliland but in the case of infringement I heard only one case and that was between two poetries Gaariye Vs Araale and was solved as customary''. 150 Means " may love makes me surrender my soul" 151 Mohamed BK Vs Ahmed Biif https://www.youtube.com/watch?v=OqyfkE61KYo (https://www.youtube.com/watch?v=UHbcA92uMfl) (last accessed: July 2015) 152 Magac Bilaash uma Baxo (The meaning behind Somali name) 153 Interview of Abdishakur Ali Muhumed Gudge of the Regional Court in Burco) 53 Thus, this case was between Araale vs Gariye154 there were two poe tries that made both of them 155 two books and the name of their books was (Miisanka Maansada) • So Mr Araale arguing that he is the first one who wrote this work in 1976 and what was remaining was the book he finished in 1977 and after 22yrs finally he printed and published in his own work in 2003, so Araale said that when you compare the quality of his book to the other one, his book had more deeply knowledge compared to the other book. Gaariye said "that Araale already informed the media (Wardheemews.com) that he finished the first week of 1976. So Araale claimed of that time that his friend of Farah Askar delivered Gariye the information of the book about what he was writing so that's why Gariye started this book. On that moment they asked if he had witnesses who could confirm his statement and Mr Araale said of course and he mentioned their names such as; Hadraawi, Cubaydshe, Husein Taynaasiis, Siciid Saalax and other witnesses". Gariye conclude his statement that he is the first who wrote this book and both of them mentioned that they issued at the same year in 1976 in 17 January while Gariye said that Araale wrote his book in 1978 and 1979 after one year and half later. Finally, Gariye stated that if Araale brings a publication where the book was written before 1976. He will be the one who get produced first in this book even if it's one day before 17 January. Gariye also mentioned that Araale is jealousy, to say that the Gariye who wrote before me in this issue but I have my own argument on that matter. At last Gariye said that he is ready to bring Araale to his witness and his ready to check all the publication year on both sides in order to know who published first and come up with final report. 156 This dispute was since 1976 - 2008 where the two parts were complaining in this issue and they didn't submit their case to the court. Finally some committees nominated themselves when they saw the conflict issue. They attempted to solve the problem and they were nine in order to solve part of the case but not the whole the case, so they divided two issues like, (a) who published first and other issue the qualities of the books which is more deeply knowledge into the Somali 154 Gariye Vs Araale www.somaliland.org/blog/2008/12/18/abwaan-gaarive-iyo-professor-cabdilaahi-diiriye caraale-iyo-suaasha- daahfurka-miisaank a-maansada/(Iast accessed: April2015) 155 Means ucapacity of Literature" 156 Gariye Vs Araale www.somaliland.org/blog/2008/12/18/abwaan-gaariye-iyo-professor-cabdilaahi-diiriye caraale-ivo-suaasha- daahfurka-miisaanka-rnaansada/ (last accessed: April2015) 54 poems and the committee only determined to solve who published first and the other problem they left to the public. Thus, in this case the committee concluded that Gariye is the one who published first in 17 January of 1976 but Araale didn't publish his work on that time they were just there without publishing the work. And the both parties accepted the decision of the committee. In September Burhan Ali the writer mentioned "I actually understand what is copyright how it's important although indeed I don't know if there is a copyright Act in Somaliland or if Somaliland laws protecting copyright. As well as, on the case of the infringement I know that Somali's always takes articles and writes their names and pretends that they are actually owners". Abdiqadir Dayib Askar, the one of the young authors and he said "I know the intellectual property particularly the copyright issues and also to protect those rights is also important and it encourages the creators. In the world there are international conventions which are protecting copyrights, as well as the developed countries having their own Act which are protecting and promoting the authors rights. On the other hand, in my country actually I can't recognize if Somaliland has copyright Act or not. Thus even now l haven't got any infringement on my own work. But I heard two cases where the some committees was solved one while the other still is pending, and those cases were Gaariye Vs Araale and Ibraahin Hawd Vs Weriyaha Daahir Calasow. Ibraahim Hawd Vs Weriyaha Calasow, 157 so Ibrahim Hawd created a story which he published on the internet, after that journalist of Daahir Calasow liked it and wrote his name in this story and pretended that he is the owner of this story. After that Ibraahim wrote another (Waxaad Jeclaato ha Xadin) 158 which means "Don't steal what you like" so he is condemning on this article to this Journalist Daahir Calasow and even emphasizing how many Somali's have 157 Waxaad Jeclaato ha Xadin http://www.weedhsan.com/index.php/qalinleyda-weedhsan/qalinleyda-heerka koowaad/ibraahim-hawd/4983-waxa-aad-jeclaato-ha-xadin-wq-ibraahin-vuusuf-axmed-hawd( last accessed: October 2015) 158 Don' t Steal What you like (http://www.weedhsan.com/index.php/qalinleyda-weedhsan/qalinleyda-heerka koowaad/ibraahim-hawd/4983-waxa-aad-jeclaato-ha-xadin-wq-ibraahin-yuusuf-axmed-hawd( last accessed: October 2015) 55 already attempted in such those issues and he is giving advice to the whole to stop such those things. Ultimately, Somaliland Writers Association (SWA) have criticized that issue on behalf of the authors about what Daahir Calasow did and they said " somaliland writers association condemned about what Daahir Calasow did that is unethical and something shameful to infringe the work that Ibraahim Hawd created. And finally they have recommended to the community to be a side of those who are doing such actions.159 4.3 Challenges of Copyright in Somaliland While conducting the research it's revealed that copyright is still largely affected by all or any of the following, so there are some factors which are partly or fully responsible for the challenges in Somaliland for intellectual property particularly in copyright. A. Ignorance of the Copyright laws Most of the laws in Somaliland are granting the protection and promotion but indeed the people who understand copyright are very few, there is a lack of knowledge about the Act, even institutions don't have adequate information so all parties are ignorant and owners of copyright and community are requiring obtaining to such trainings in order to recognize their rights. B. Weakness of Responsible Institutions Ministry of information, cultural and tourism, and Ministry of justice are both not aware of the importance of intellectual property especially copyright, as well as there are no policies which are generally concerned with intellectual property. 159 Cambaarayn Qoraal La Dhacay!- Print http://www.somalilandpatriots.com/print-5447-0 (last accessed: April 2015) 56 C. Ineffective Law Makers The parliament of Somaliland in the long and short run, the cultural matters or intellectual property issues are not the plan of the parliament as mentioned by Jamaal Haaji Abdi who is the Deputy of Secretary of the Parliament. In fact, that shows us that Somaliland government neglected those people and there is a lack of protection and promotion being faced in Somaliland. D. Weak and outdated Laws Today the laws which are protecting copyright are weak and in fact, there are a lot of provisions which need to be revised and amended as soon as possible in order to correspond the international laws and to cover all matters which are concerned with copyright. E. Lack of Enforcement As mentioned by the chairman of Supreme Court Somaliland has just announced that they are permitting to adjudicate copyright and trademark cases, which indicates that there are laws but they are not being enforced and implemented. F. New Technology The new teclmology has also led to creation and vice versa increasing infringers who can easily hide and make copies from original work of authors. Finally, most of the laws in Somaliland whether they are weak or not they are granting the copyright issues for protection and promotion but indeed there is a lack of knowledge to the Act and owners of copyright which requires obtaining such trainings in order to recognize their rights. 57 4.3.1 Lack of Enforcement of Copyright in Somaliland As general if someone infringes the rights of original owner, the owner is allowed to report a court due to avoid further infringement and to get remedies with an infringement action. 160 In developed countries in the world, these days focuses an intellectual property right because of development advancement of economies, that's why intellectual property has played an important role as a protection of substantial interest of developed nations, and as reason of that they have developed world trade organization supported up by strong procedures from United States. Although developing countries are still facing challenge enforcing and implementing for instance Somaliland. The laws of Somaliland granted a protection for copyright but government is not playing a role of enforcing and implementing those laws. Even there is copyright Act which Somalia owns until Somaliland develops own Act. As well as there is no authority or organization which is working on the copyright issues? So, interviews and infringement cases that we mentioned above are confirming the reality of that problem. In September 9 2015, Chairman of Snpreme Court (Adam H. Ali) announced that the courts of Somaliland are ready to solve disputes of copyright and trademark in order to protect the intellectual property as well as he mentioned that mostly infringed cases occurs in a copyright matters . 161 So that's shows us that Somaliland now started to think and to work out in intellectual property mainly in copyright and trademark cases and finally they recognized how its important in order to encourage those people who really neglecting in Somaliland where also taking part for development of the country. 160 Richard Tim, Copyright Registration and Enforcement Jzttp:l/faimse.stanford.edu/overview((aqs!registration-and en(orcement/ (last accessed: September2015) 161 Maxkamada Sare oo Ku dhawaaqday inay ka Garnaqso Heesaha, Buugta iyo Magacyada Ja kala Xado http://waaheen.com/?p~47010(Jast accessed 9 September 2015) 58 In September, I had interviewed the Head of department cultural affairs and tourism in the ministry of information (Abdi Mohamed Jaamac (Abdi Yare)), and mentioned "in this field I was in for 35 years working on this Area and 14yrs head of the department cultural affairs and tourism. In previously Somalia government was protecting the intellectual issues particularly in copyright e.g. poems and songs although in these days they become worthless and even the law is not effective in Somaliland. Therefore the community can easily infringe themselves in order to copy one another's work. However, sometimes it happen that song composer write songs and gives the singer and another musician will add some words and claiming that he is the owner of that song. Sometimes I face such situations like one song claimed by four song writers that they are the owner of that song, so all of them are coming to me to solve those cases and mostly work out in customary but previous was something shameful to copy another person's song. Moreover, the other thing which makes simply to infringe the singers to copy and to infringe is the media. Thus, as personally I have suggested many times that those authors and singers have to formulate like code of conduct which guides and regulate us. Although, this idea even now is not fully implemented because even those creators are not ready to involve us to create this code of conduct. Finally, I am recommending that all community must be aware about the creativity is part of the development of the country and whole of us must have to take part in order to preserve the whole parts of intellectual property. As well as parliament also enact a law which governing copyrights and to punish every person who violates those rights according to the law". On the other hand, Saleeban Abdi and Fadhiya Ali are officers in Legal Aid Department of the ministry of justice. They mentioned "In ministry of justice, there is no role for copyright issues, even intellectual property, While Somalia copyright Act is compelling the owners of the work to register and actually there is no registration office". In contrast I had interviewed, the Clerk of Regional Court of Hargeisa mentioned in August 2015 "During the last ten years, I have been working in regional court I didn' t register any case which is related to copyright even the other cases which concerned about intellectual property because 59 it's rare to submit such complains to court and I think may be the court sees it as a minor issue or there is lack of understanding to the law also owners are ignorant to claim for their rights". In September 2015, Jamaal Haaji Abdi is the deputy of secretary of the parliament he mentioned "that the copyright is the responsible to the government to promote and to protect the right of owners. But that gap is there so when there are issues and that matter it's significant to the community. the parliament is also liable to discuss issue and to put a new Act which directs copyright matters and at the same time the parliament doesn't put any plan about the copyright issues whether is long run or short run and parliament also neglected that issue. Finally, all these sectors of the government show ineffectiveness of copyright in Somali land and they are responsible to enhance and to develop new copyright law which is competent in Somaliland." On the other hand, in Uganda there are relevant authorities who are responsible for enforcement is like Uganda registration service Bureau, the police and the judiciary.162 So Uganda Registration Service Bureau this body its liable for various registrations under section 4163 is stating the purpose of this body to administer and give effective relevant laws and to grant registration services and to advice the government on matters relating to registration service. As well as, practicing in copyright of Uganda is not like in Somali land, there are cases which commercial courts of Uganda had already solved. The case was "Attorney General V Sanyu Television, so this case attorney general was representative of Uganda Television, a public television station, filed a suit against the respondent/defendant for infringement of broadcasting rights. It was the plaintiff/applicant's case that by means of an agreement with the Union of National Radio and Television Organizations of Africa (URTNA), and Canal France International (CFI), Uganda Television was granted exclusive rights to broadcast live coverage of the 1998 World Cup football series, and that the respondent had infringed these rights by screening the matches on its television station, Sanyu TV. The applicant made the present 162 OVERVIEW OF COPYRIGHT PROTECTION IN UGANDA presentation made at "National Seminar on the Trips Agreement" held at the imperial Royale Hotel Kampala, on February 23-24,2010. By James Wasula General Secretary, Uganda Performing Rights Society, page 8 163 Uganda Registration services Bureau Act 60 application for an injunction restraining the respondent from further broadcasting the matches pending disposal of the main suit. Counsel for the respondent challenged the application arguing that the suit and application had been made against the wrong party, which was a non-legal entity. Main Issue: Whether Sanyu infringed Uganda Television's broadcasting rights. Held: (James Ogoola, J.) (i) the respondent infringed the plaintiffs copyright. And finally respondent admitted having infringed the copyright and apologized for the act. 164 There is another case which was between Prof. George. W. Kakoma Vs the Attorney 165 General • So the Prof. George W. Kakoma he wrote Uganda National Anthem and the dispute was not that he didn't write the song but he entered a competition for acceptance national anthem and fmally affirmed that his song was taken as Uganda's National Anthem and plaintiff claiming damages for recovery for infringement of copyright. At last court granted with plaintiff as remedy 50,000,000/= (fifty million only), to be paid to him as he signs off the remains of his interest in the copyright in support of the defendant for its restricted use late. However, these cases gives us a kind of picture of Uganda copyright that there is a system is working in Uganda but in some way is not fully effective but it mentions that the government is aware about the importance of intellectual property particularly copyright, and that can guide the copyright owner to bring his case to the court while in Somaliland there is no case that courts solved as mentioned by the chairman of supreme Adam H. Ali that they are ready at this moment to initiate the copyright matters. 166 4.4 Lessons Somaliland can learn From Uganda's laws and Institutions in Protecting Copyrights Somaliland can learn in Ugandan laws in order to identify the gaps that are lacking her laws due to cover and to fulfill in the future. So, in this study indicates in Uganda that there are many laws which are protecting copyright whether national, regional and international. 164 Uganda Television Vs Sanyu Television Country (High Court Civil Suit No. 614 of 1998, reported in Uganda Commercial Law Reports 1997-2001{2005), 184-190 at 185, Blackhall Publishing, Dublin, Ireland. 165 Prof. George. W. Kakoma Vs the Attorney General2012 166Maxkamada Sare oo Ku dhawaaqday inay ka Gam aqso Heesaha, Buugta iyo Magacyada Ia kalo Xado http:// waaheen.com I ?p=47010(last accessed 9 September 2015) 61 In regionally Uganda is member of East African Community. So EAC is detennined to update intellectual property laws. Also Uganda is member African Regional Intellectual Property Organization (ARIPO) and internationally Uganda signed in 1994 Marrakech Agreement the WTO (World Trade Organization) and requiring it to fulfill Trips Agreement while Trips requires fulfilling with articles 1-21 of the Berne convention. On the other hand Somalia is not a member to WTO but Somalia granted August 1982 WIPO and WIPO administer Berne convention, Rome convention, Geneva Convention and WIPO Copyright Treaty. From 1991 up to now Somaliland is not a recognized country although Uganda is, but that doesn't take out her responsibility through the international conventions because Somaliland binds itself to comply, all these conventions that we mentioned above. Therefore, According to the constitution of Uganda in Article 41 is granting the right to access of information and there is a particular Act (Access of Information in 2005 (20(3, 8)) which is protecting copyright where the Act information apply for, a copyright is free in order to benefit the public when the copyright is not owned by the state or public body. So Somaliland lacks these articles which are protecting and promoting copyrights. Uganda has developed a new Act "Uganda Neighboring Rights Copyright Act in 2006" which is corresponding to international conventions and they replaced of 1964 in 2006 Act. Whereas Somaliland has not yet developed any Act even the other types of IP rights. So, the courts of Somaliland as states in this Act law NO: 24/2003, mentioned that the courts of Somaliland are District courts and the Regional courts are responsible to civil and criminal litigation matters. The Appeal courts which are based on each region. The Supreme Court, which is also the Constitutional Court as the high court of justice when dealing with impeachment of public officers, other than the president and the vice president. While in Uganda the Supreme Court is the highest court of Uganda. The second is the Court of Appeal/Constitutional Court under the law there are same, and there is High Court where the Commercial Court is under this court. Finally there is Chief Magistrate Court, Magistrate Grade I & Magistrate Grade II. In Somaliland there is completely lack of enforcement of copyright infringement. While in Uganda 62 According to section 45, there is Commercial Court which is responsible to solve intellectual property cases. So this court can prevent and prohibit the continuation of the infringement of copyright. Somalia copyright law says that any court can handle copyright infringement cases. On the other hand, there is Arbitration and Conciliation Act (2000) which settling the disputes out of court except if the arbitration is null and void and this has directed too many copyright cases being established out of court. As well as there is a gap of registration office. But Uganda has registration service office which is working for registration in original and taking part in the implementation of copyright law in Uganda. Also Copyright and Neighboring Rights Regulations of 2010 were this regulation mainly serves to provide a process for the registration of copyright and neighboring rights. Uganda also has a body called Uganda Performing Right society167 and its objective is to promote and encourage creativity of artistic, literary and scientific works in Uganda whereas Somaliland lacks that institution. Ugandan Law Reform Commission is a constitutional body which continually examines and reviews the Acts and other laws of Uganda, so Somaliland also lacks this commission. Ultimately, Uganda has also Uganda Musicians Union which promotes problems of social protection, fairness, and copyright management. On the other hand Mekerere University has also prepared a IPRs policy, which is helping copyright owners and public. 4.4.1 Good Lessons for Somaliland to Learn from Uganda As a reason of that, Somaliland needs also to develop new Act or to make updates in many places like the first of the provision Act where it needs to add similar to broadcast, computer 167 Uganda Performing Rights Society http://www.uprs.ug:/about.htm!llast September accessed 2015) 63 programme, producer, registrar, sound recording, fixation in order to inte1pret these words, 168 music work are absent to this Act. At the same time article of application of the Act is missing in Somalia copyright law, where the Act of Uganda it stated in section3 of the copyright Act in 2006. In addition to that, in article 3 of the copyright Act in Somalia, needs to put that the work of the author shall not be subject to any formality. Moreover, the Act is not clarifying whether it is protecting ideas or expression whereas copyright of Uganda is mentioning it in section 6 of the Act. On the other hand, the duration of the copyright protection of this Act is 30 yrs after death of the author as stating in provision 24, while in the Ugandan Act it grants 50 yrs after death of the author with provisions of Uganda section 13 of the Act. Nevertheless, Berne convention grants a term of protection in literary and artistic works for fifty years after his death. So it gives a smallest amount of term of protection although the states are free to extend the term of protection to authors. And Somalia is providing authors in less than fifty years. And that proves that copyright owners are not fully exercising their term of protection. On the side of infringement, Somalia copyright Act is provides a punishment of one year or sh.so.6000 or both, to a person who infringes on and authors work without authorization, because 6,000 is not even worthy 1 dollar, it needs to revise and to amend the Act, in the Ugandan Act copyright is mentioned in section 47(1) the punishment or imprisonment not to exceed 4yrs or one hundred currency points or both. On the other hand as we take example in copyright law 2001 in Kenya is Sections 38(4) to 38(7) it provides penalties for infringing on copyright varying from a minimum fine of Kshs 100,000 to a maximum of Kshs 800,000 or a minimum term of imprisonment of two years to a maximum sentence of ten years. Furthermore, this Act also requires including translation and adaptation. Hence, another gap which this Act needs to add a provision which talks about proof of facts that direct the person who is claiming the work. 168 Section 2 Uganda Copyright and Neighboring Rights Act 2006 64 In addition, this Act there are some provisions which m·e mentioning compulsory registration while the copyright is not like patents and trademarks which needed a registration but copyright is not necessary to register. 4.5 Somaliland Needs to Create a Regulation Body for Intellectual Property Somaliland government requires looking at her constitution in order to grant and protect all the rights that are mentioned in the constitution and Somaliland must recognize the importance of innovation and creation not only copyright but all types of intellectual property, which Somaliland government neglected. Moreover, intellectual property plays important role in the development of the country For instance; Uganda has many institutions which are protecting and promoting intellectual properties as we mentioned before. Finally, I am advising Somaliland to create a regulation body which is responsible to all matters of intellectual property particularly copyright. And always provides trainings and awareness's to the society. 4.6 Findings as Regards to Legal Protection and Promotion of Copyright Owners in Somaliland The development of copyright protection in Somaliland started way back when the British colonized Somaliland but still there laws are not yet well developed. The findings of less protection to copyright owners in Somaliland is also a matter of reality as it ascertained in cases as mentioned by Y aasmiin Deputy of attorney general "Hassan Aadan Ahmed Gacayte, Abdinasir Maca/in, Cabdiqaadir Juba, Salad Darbi, Kuluc, Mohamed Mooge, Ahmed Mage, Abditahlil, Bacalwan Roraye and Omar Dhule Ali as well as in the side of the women singers like Magol, Hiba Nuura, Mandeeq, Saynab cige Aaamina Cabdilaahi, Shankaroon and Kinsi Haji A adam". These entire singers copyright have being 65 infringed on, however there is no case which has been decided in the court and they don't have people to defend their rights because most of the singers have recently died only two or three of them are still alive. Although in section 24 of copyright Act is giving 30 yrs protection after death of the author, that's why even after death, the original work is not to be violated. Moreover, Tarabi Aadan Tarabi who is singer and composer of songs also mentioned that he heard many cases of copyright infringement like Rahma Rose Vs Nimco Yaasmiin (Digtoorkai69 2012, Sabra Halgan Vs Ayaan Warsame 2009, Nimco Dareen Vs Marwo Abdi April 2012 Ibraahin Hawd Vs Weriyaha Daahir Calasow and Mohamed Bk Vs Ahmed Biif, 2012(Armuu Idilaa Cishcigu) even in this case of Araale Vs Gaariye this dispute was going on from 1975-2008 and fmally ended traditional custom. So, all these cases have not been taken to court, as we mentioned earlier. This is clear indication that the research finding on less protection and abuse as well as disrespect of owners of copyright in Somaliland is real. To affirm that the Somaliland government offers less protection to owners of copyrights, as we stated above the interviews that we made to the responsible agencies of the copyright, for instance Head of Department Cultural and Tourism in ministry of information, Saleebaan Abdi and Fadhiya Ali in Ministry of Justice and Jamal Haaji Abdi (Deputy of Secretary of the Parliament). All of them mentioned that the government doesn't play any role in copyright protection, as well as there is a lack of policies to the intellectual property. On the other hand, one of the challenges that are been faced by authors, singers and the community is that there is ignorance of the law as mentioned, writers like Burhan Ali, Abdiqadir Dayib Askar and Abdirahman Guribarwaaqo170 So, that's why they ended up violating and infringing on their work. 169 Digtoorka it means doctor 170 Magac Bilaash uma Baxo (The meaning behind Somali name) 66 The Somaliland laws are providing protection and promotion but completely are ineffective through the courts of Somaliland as announced by the Chairman of Supreme Court171 m September this year, also points that there is lack of implementation of Somaliland laws. In the past, Uganda has developed some laws which cover all of the types of intellectual property which Somaliland lacks in all these Acts. Furthermore, Uganda has a body called Uganda Performing Right society172 which runs their members' copyright issues successfully and in compliance with the international standards. So UPRS safeguards both foreign and local works and wllile other societies protect UPRS members works in their own countries. 173 Whereas Somaliland doesn't have these institutions which are responsible copyright. In the case, of registration office Somaliland can benefit from that issue and the authorities of government to provide more attention to copyright problems like ministry of justice and ministry of information, cultural and tourism affairs in order to cooperate with the enforcement of intellectual properties, though the registration of copyright is not necessary, it's an automatic right but in fact in Somaliland not until they access effective courts then they can establish in registration office. Lastly, there is considerable evidence that the owners of copyrights are vulnerable to abuse of their rights by the public. This is because the original owners lack legal protection from infringement and disrespect; Somaliland government doesn't ensure completely encouragement to those owners and easily infringes their work even the parliament is not willing to develop new Act, in short and long run also Somalia copyright law it needs to be updated where the duration of the protection are not matching to the international conventions. 171 Maxkamada Sare oo Ku dhawaaqday inay ka Garnaqso Heesaha, Buugta iyo Magacyada Ia kalo Xado http://waaheen.com/?w47010(last accessed 9 September 2015) 172 About Uganda Performing Rights Society http://www.uprs.ug/about.htm!(last September accessed 2015) 173 Uganda performing rights society (UPRS) musicinafrica.net/ directory /Uganda-perforrning-rights society-uprs( last accessed: October 2015) 67 CHAPTER FIVE CONCLUSION AND RECOMMENDATIONS 5.1 Overview This last chapter articulates the summary of major findings of this study in line with research objectives and in reflection with what other authors and scholars have said in the literature. The chapter also provides conclusions in light with the purpose of the study. Lastly, some recommendations and solutions to some areas for further research are also suggested towards the last part of the chapter. 5.2 Conclusion Basing on the purpose of the study, the following conclusions are summarizing the study, on the aspect of protecting and promoting of copyright in Somaliland, it has been noted that copyright law is ineffective in Somaliland. This is so because of the owners of copyrights are lacking protection and risk infringements and prejudiced to go back to the creativity, and targeting mostly the weak group. It has also been fixed and is still missing the singers and authors full protection of the law, and as well as no support and defense to the different sectors of the government. This is encouraged so that they have low levels of protection and are still violated and treated in degrading on their property. As well as, Somaliland government neglects to offer proper legal protection and respect to many of the rights of the singers in Somaliland. It has been completed that the courts of Somaliland are negligent about the copyright kind of property where owners lack respect to many of their rights as mentioned laws of Somaliland. 68 This is so since 1991 many of the owners of copyrights suffer abuses towards the community, where the government has responsibility to balance and to protect the interest of the owner and the public. It has also been noted according to her Constitution in article 10 Somaliland authorities' breach some of their obligations to international and national laws governing copyright. Some of the key obligation being violated are WIPO "world Intellectual property", African Regional Intellectual Property Organization, OAU cultural charter for Africa which, in article 25, states that "African governments should pass national and inter-African laws and regulations securing the protection of copyright, set of connections national copyright offices and support the establishment of authors' associations accountable for protecting the moral and material interests of those who create work that gives sacred and mental pleasure and Somalia copyright Act 1977. It can also be concluded that whenever there is ineffectiveness of the laws in the country the legal protection and rights as well as the owners of copyright is likely to be artificial. In the same way, effectiveness of the laws of Somaliland government must have to play her role towards the community in order to promote high level of legal protection, and their rights as owner of the original work. Thus, to ensure that owners are legally protected and their rights are respected and to promoted in an objective way. Further still, it has also been discovered that the Ministry of Information and Culture and Parliament as well as Organizations have not done much to help owners of copyright in their rights. It can still be concluded that there is lack of understanding to the laws whether community and the owner of the copyright him/herself so that's why they ended up violating and infringing on their work. 69 5.3 Recommendations To ensure protection and promotion of copyright issues towards their rights as mentioned in the Act, the following recommendations and solutions are promoted. To the Somaliland Government 1. Somaliland government should ensure in order to preserve and promote the rights under Somaliland Constih1tion especially intellectual property. 2. Somaliland government particular in Ministry of Information, Cultural, and Tourism should make sure in order to set policies and regulations which are related about intellectual property particularly copyright. 3. Somaliland government should make sure there is implementation of copyright law in order to be enforced because it is essential and benefit of both creator and user. So owners of copyright works can easily defend their rights in order to prevent them from being copied or sold. 4. In cooperation way Somaliland needs to establish either public or private organizations which are concerning intellectual copyright matters due to promote and encourage creativity. 5. To collaborate International and Regional Institutions in order to promote the creativity of the country. 6. The Ministry of Information, Cultural and Tourism should have to operate how to generate registration office for copyrights in order to expend the various districts and towns nationwide and this will enhance quickly the efficiency of the office and at same way is promoting and protecting the creativity. 7. At same time, to teach held seminars and awareness's to the community in order to understand the importance of copyrights and to resolve the problem of serious ignorance through educating of the concerned parties on issues and to know how to protect and defend their rights. 70 8. The government should have to work out in order to balance always conflict interest between the creators and the public. 9. Finally, Somaliland should look at the benefit of the other countries of Africa like Uganda and Kenya in order to monitor the long process of development in IP laws. To the Somaliland Parliament 1. The parliament should also observe the important issues like Intellectual Property particularly copyright which needs at this moment to develop in order to encourage the creativity. So the parliament must recognize that this is one of its responsibilities. 2. The other responsibility of Somaliland parliament is to develop and establish new Act like Uganda, which concerning about all matters of copyright and related rights, as well as to ensure if that new policy-Making corresponds to international obligations under the TRIPS agreement. 3. As well as to revise copyright law of Somalia in 1977 comparing new Act of Uganda in order to recognize the gaps that are missing in that Act. To the Copyright Owners 1. The literary and Artistic works should also know the importance in order to be a familiar with their rights and to defend in the future by the infringers. 2. The authors should also unite themselves in order to make their own organization which operates with the copyright matters and to push the government in order to consider laws which are protecting intellectual property, to develop new Act and to held seminars of all those issues. Others like Universities 1. To put their curriculum in some courses which are related to copyright in order to understand deeply the importance of copyright where it can make easily also to remove the ignorance of copyright matters. 71 2. Librruies should ensure the registration of all printing offices, publishing houses and publishers, which are either in large or small scale enterprises. This will ensure that any printed work emanating from a particular place is safeguarded, which will discourage illegal or unauthorized printings or copying. Ultimately Somaliland must have to focus due to fight against the copyright infringements because they do harm to the creators, economy and the development of the country. 72 BIBLIOGRAPHY LAWS 1. African Regional Intellectual Property Organization (ARIPO 1976) 2. Arbitration and Conciliation Act (Cap.4), 2000 3. Berne Convention for tbe Protection Literary and Artistic Works1886 4. Constitution of the Republic of Uganda 1995 (as amended) 5. Constitution of the Republic ofSomaliland 2000 6. Copyright and Neighboring Rights Act, 2006 7. Copyright and Neighboring Rights Regulations, 2010 8. Copyright Law in 1911 9. Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961 10. Somali Civil Code, 1973 II. Somali Civil Procedure Code, 1974 12. Somali Democratic Republic Copyright Law 1977 13. Somali Penal Code 1963 14. Access to Information Act, 2005 15. Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips Agreement) 1994 BOOKS 1. Attorney Richard Stirn and Dear Rich Blog, Nolo Patent, Copyright and Trademark 12 edition 2012 Published Law for All. 2. Carol Simpson Copyright for Schools A practical Guide, Fourth Edition, Published Linworth publishing Inc 2005. 73 3. F.E. Skane James Law copyright 8th ed. London Sweet & Maxwell Limited. 4. Julie E. Cohen Creativity and Culture in Copyright Theory, Georgetown University Law , Vol. 40:1151. 5. Louis Tc Harms Case Book, the Enforcement of Intellectual Property Rights 3rd ed. Published (WIPO) World Intellectual Property 2012 6. Owen Dean Juta Handbook ofSouth African Copyright Law, Co Ltd, 1989. 7. Robert A. Gorman and Jane C. Ginsb Copyright Cases & Materials urg, University Case Book Series New York Fundation Press 2002 6th edition. 8. Samuel Wangwe et al. Case study of Uganda study 9: Institutional Issues for developing countries IP policy-making administration and enforcement. 9. Uganda Registration Services Bureau, "URSB" Copyright and Neighboring Rights Law in Uganda. 10. W. Cornish D. Lie Welyn and T. Aplin Intellectual Property, Patents, Copyrights, Trademarks and Allied Rights, 7th edition published by sweet & Maxwell Limited. REPORTS 1. Dick Kawooya, Ronald Kak:ungulu and Jeroline Akubu African copyright and Access to knowledge country report may 2009. 2. Samuel Wangwe et al. Case study of Uganda study 9: Institutional issues for developing countries IP policy-making administration and enforcement 3. Uganda law Reform Commission A study report on Industrial property law (patent, Industrial Designs technologies & Utility Models) 2004 74 ARTICLES 1. Ben Sihaya Copyright in Kenya Law 2. Ibrahim Hawd Waxad Jeclaato ha Xadin "Don 't steal what you like"( (http://www.weedhsan.com/index.php/qalinleyda-weedhsan/qalinleyda-heerka koowaad/ibraahim-hawd/4983-waxa-aad-jeclaato-ha-xadin-wq-ibraahin-yuusuf-axmed hawd) 3. Somaliland Writers Association Canbaarayn Qoraal La Dhacay!( http://www.somalilandpatriots.com/print-5447-0) 4. 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