Copyright Friendly Label

Samuel Sangwa is Regional Director for Africa of the International Confederation of Societies of Authors and Composers ( known by its French acronym as CISAC). He is responsible for coordinating the activities of member societies across 31 countries in Africa, relating to the promotion of laws of intellectual property in creative works and the development of an effective network of copyright societies.

Sangwa has over 15 years of experience in building cultural and creative industry capacities, private sector development, activating community business and self-reliance, international cooperation in the cultural sector. Prior to joining CISAC, he worked as a consultant and coordinated projects with cultural institutions, international development agencies, development partners, government ministries and entities, local and decentralized bodies. A former play writer,music band manager, stage actor and comedian, Samuel has developed into an “artivist” engaged in changing the lives of artists in Africa.

In businesses such as radio/televisions, hotel, restaurant, entertainment, festivals, tourism, artworks (music, audiovisual, painting, etc.) are part of business model to entertain audience/clients, attract and generate revenues, drive consumption and sales, create and sustain brand image. These businesses rely heavily on the artworks to run and profitably sustain their business.

Often, these businesses thrive but in contrast, the creators (artists) of these artworks are usually in dismal economic precarious conditions, as it is commonplace that they are not (fairly) remunerated. This is a consequence of the poor enforcement of copyright laws in most countries in Africa.

This project aims to develop and sustain a labelling system (copyright friendly label) for businesses, events, cities based on their fair remuneration of creators. Moreover, it wishes to entrench the payment of copyright royalties by business as best practice that translates to ethical good standing and brand value addition that defines corporate-citizen socioeconomic responsibility.

Despite the existence of copyright laws in the 31 countries, with activities and presence of copyright societies that are members of CISAC in Africa, copyright enforcement is challenged by low rate of compliance by businesses which continue to massively exploit artworks such as music, audiovisuals, and paintings as significant parts of their business model. From a survey conducted in 22 countries in 2017, only 30 % of television and 40 % radio broadcasting companies comply with payment of copyright royalties of music or audiovisual contents they exploit. 

Moreover, CISAC 2019 Global Collection Report states that "Creators’ collections in Africa are still mismatched compared to the region’s creative output, representing less than 1% of the global total".  In these 31 countries, at least 200 hundred thousand of creators are deprived of their right to a decent living, as a consequence of these exploitations by businesses.

Consumers and users of artworks do not comply, mainly because of a deficiency in the enforcement of established copyright laws, attributable to two factors: (1) a lack of prioritization of cultural and creative industries as an integral part of the country’s development strategic plans (2) the absence of structures and resources necessary for effective enforcement.   

The copyright friendly label (CFL) is an initiative aiming at labelling users ( hotels, restaurants, government institutions, radio and television broadcasting companies, festivals,etc.) of copyrighted artworks when they comply with payment of royalties due to creators. It is granted  by copyright societies (CS) . The criteria for its award is on the basis of compliance for the payment of royalties due to creators (artists), the CS distributes remunerations collected for these artworks to the creators.

These CFLs can be used by business as marketing tool and competitive brand value addition, translating their commitment to comply with copyright laws, and support of the development and thriving of cultural and creative industries. Further serving as a springboard for job creation and sustainable employment opportunities (especially for youth), to support and sustain creation of artistic products  reflecting cultural diversity, and to give back to the communities in which they are established.

The CFL structures a virtuous ecosystem that integrates compliance with copyright laws and payment of royalties to creators with business competitiveness and brand value addition.

In its implementation, the CFL initiative establishes a framework of permanent policies, operational and development dialogue between governments, copyright societies, artists, private sector and communities.

I work with the 37 copyright societies (representing approximately 200 thousand artists) in 31 African countries; with approximately 100 individual artists in these countries, serving as copyright ambassadors (representing the collective). Routinely, my office executes surveys to ascertain the collection and distribution status of the royalties accrued from businesses. Pertinently, the impact of the pandemic (COVID-19), in 2020 and the projections of its future aftermath to businesses, has brought a clarity owing to the massive drop in royalties’ collection and its implication to artists. 

This new reality requires a pragmatic approach to an already ailing system that must be effective or witness the demise of the artistic landscape. My office continues to champion evidence-based solutions as such these surveys will continue, they provide credible data that informs target (copyright-vulnerable countries).

 In September 2019, my office worked hand in hand with a team constituting of five copyright ambassadors (from Algeria, Cameroun, Cape Verde, Rwanda and Zimbabwe) and seven expert-consultants in creative and cultural development that articulated and organized the launching of the pilot phase of the copyright friendly label initiatve in Cape Verde, with Government support. 

In 2010, I was a manager of a music band made of university friends. I experienced first-hand copyright infringement. A film music-producer without consent, recorded and used music produced by the band as sound-track in a movie without remunerating these artists. Although,  a settlement was achieved, I realized then how artists were powerless when copyright laws were not enforced and the reality of exploitation. This prompted me to pursue and complete a Masters’ Degree in Intellectual Property in 2015, before joining CISAC as Regional Director for Africa in 2016. 

In 2017, missions in Zimbabwe and Malawi to develop strategies to promote compliance in royalties’ payments by users, introduced me to these copyright societies methods of “users' shaming approach” (publishing non-compliant users in newspapers) and “the rewarding approach” (compliant users are rewarded with a "good client certificate"). In consultation with copyright societies and artists, a refined approach was developed that promotes a reward system.

In January 2019, I met the Prime Minister of Cape Verde and proposed that his country champions a pilot phase of the copyright friendly label. I conceptualized this initiative which was launched in Cape Verde in September 2019 during the Africa Copyright and Collective Management Day

It irks my sensibilities, that of the six friends in the musical band that I managed in 2010 that chose to pursue music as a profession, only the one who went to Europe for studies and established himself as a professional musician is successful and able to meet the financial demands of daily living. This sadly is a microcosmic representation of the African narrative for most artists existing in the stifling predatory system. Most artists are forced to sacrifice passion for subsistence. Some are forced to take low paying jobs to afford basic day-to-day expenses with no hope of a better future. Even worst, some totally give up on their career.

I have become acutely aware through my work in Africa for CISAC, how dismal life can be for these artists, especially in countries where copyright laws are not enforced. I feel that my positioning must propel me to bring about a change or I’ll be relegated to the role of an accomplice. This resonates further with my core as an artist, understanding that this could have been me. My deep belief is that I can and need to change this situation.  

My position as Regional Director of CISAC in Africa provides a unique authority to engage relevant copyright laws enforcement stakeholders (copyright societies, policy makers, artist's associations, regional organisations, civil society, etc.), to develop, implement and sustain the copyright friendly label initiative as a flagship program and catalyst for change.

Since joining CISAC in 2016 till date, I have initiated and driven the implementation of a regional strategic plan, with articulation and implementation that are based on the results of extensive dialogues with most of the copyright societies in Africa, thus securing their ownership and involvement in subsequent development support activities including this copyright friendly label initiative.

Moreover, extensive travels across Africa to at least 25 of the 31 CISAC member countries so far, has exposed me to the unique situations of copyright enforcement in the region. Interactions with stakeholders and policy makers in consultative meetings and workshops in these countries have provided insights. This knowledge and established connections and networks is what I intend to leverage to develop and sustain the copyright friendly label initiative. 

The proven feasibility of the initiative is demonstrated in the launch and implementation of the pilot phase in Cape Verde. I hope to apply this framework and scale up to several countries over the coming years and further optimize the system on the basis of lesson derived from application.

Budget to finance the organization and event launch of the pilot phase of the CFL initiative was a challenge. It entailed a great deal of lobbying, often working only on promises with no concrete commitments.

However, my insight into the link between politics and successful project implementation informed my decision to leverage my previous connection with the then incumbent Cape Verde Prime Minister that was seeking re-election. I understood how pivotal crowd platforms and presence is to politicking. So I decided to position the CFL initiative within the framework of cultural toursim and youth employment.As backdrop to the launching of the CFL pilot phase, I conceptualized the organization of an international forum on creative industries, copyright and cultural tourism to happen along the celebration of the Africa Copyright and Collective Management Day. This was another initiative I had previously introduced and now institutionalized in the region as part of the strategic plan aimed at raising awareness on the importance of copyright compliance across Africa.

With such articulation of the CFL launching activities and events,the Prime Minister was convinced of this important transformative initiative and its benefits. Eventually he financially facilitated the successful launch in September 2019.

Back in 2017 while developing the strategic plan for copyright societies in Africa, I engaged with their respective CEOs on the need to come together and work out on an activity to be carried out across the region in order to raise awareness on the necessity of copyright protection and remuneration of artists. Following extensive consultations with each of them, I proposed to institutionalize a specific date as the Africa Copyright and Collective Management Day. In the same vein, I proposed as well as that each copyright society designate 4 artists  to act as copyright ambassadors. Each copyright society had to be represented by an even number of copyright ambassadors and ensure a strict parity between men and women.

 Both proposals were approved and integrated in the strategic plan in 2017. 

In 2018 and 2019, the Africa Copyright and Collective Management Day was celebrated simultaneously on september 14th  in more than 20 countries through workshops,conferences, concerts, school visits organized by copyright societies and with the participation of copyright ambassadors. 

To date, it has become a landmark event recognized and capitalized on by  copyright societies and governments to promote copyright and enforcement of copyright laws. 

Under my office, The CFL initiative is an integral part of the CISAC Africa Strategic Plan for the promotion of copyright and enforcement of rights for artists to be remunerated for the use of their creative artworks.

The copyright friendly label initiative is a groundbreaking approach because it radically changes the distribution of power found in the traditional copyright compliance system. In this system, users hold strong bargaining position because, in an environment where copyright laws are not efficiently enforced, the choice to comply or not is solely theirs. Copyright societies and the artists they represent are in a weaker position and have limited resources and means to push users to comply. 

With the CFL initiative, the power is shifted to artists, copyright societies and citizens, as they are the ones granting the label to complying users. With the brand value created by such a label, users are compelled to strive to secure this accolade, in order to sustain their brand image.

Moreover, the initiative by its existence promotes accountability, with copyright societies serving as a conduit that allows the monitoring and evaluation of businesses on behalf of the artists they represent. The compliance criterion is measurable, efficient, fair and transparent as it is based on a quantitative parameter. In simple terms “you pay us,we label you”.

Eventually the label triggers a positive behavioral change towards compliance in payment of royalties, driven more by the individual and collective consciousness of the value derived from artistic works rather than the enforcement of laws. Social acceptance is a very strong motivator in human interaction dynamics, positive reinforcement and rewards drives social changes better than punitive measures. Additionally, the distinctive stratification and recognition of business entities will further motivate change.

The consensus that humans are social beings and thrive in societies on the basis of societal acceptance cannot be underestimated. Abraham Maslow (1943) in his seminal article “A Theory of Human Motivation” discusses several human needs but pertinently in the plethora of needs that is encompassed within the “Esteem” classification, social acceptance earned by respect as bestowed communally is ranked very high. Within, the multi-facet study of anthropology, we see the convergence of psychology and economics finding common ground in recognitions demonstrated through status and label. The popularity and omnipresence of labels in all spheres of human endeavors suggest that they are viewed as important within societal framework. Labels particularly those that ascribe excellence is important to businesses. Consumers don’t merely buy a commodity but they gravitate towards a brand and align themselves to product that has been adjudged by a majority as “good.” In singling out individuals (businesses) for recognition, the social world reveals what is valued and appreciated within that society (Best, 2008; 2011; Mahdia, & Gulzar, 2011).

Thus, within the context of this project, the Copyright Friendly Label, serves as an incentive instrument that considers the following values in its aim to re-engineer social behaviour, through: feedback (demonstrated in its reward through recognition of exemplary behaviour in compliance by businesses that pay artists royalties); information (this acceptance translates as consensus of good behaviour accepted within the society demonstrated through publicity, thus reinforcing it within the social psyche); social recognition (the affirmation by the citizenry). Several authors support the perspective that behavioural modification and social engineering benefits from awards, as recipients are impacted positively through this new status in terms of increased income, people want to do business with reputable companies. As such, businesses are willing to invest material costs to obtain these awards of praise (Huberman et al., 2004). Moreover, the visual traction establishes role models and stimulate other individuals to engage in similar kind of behaviour as adjudged by members of the society as desirable (Frey, 1997; Stajkovic &Luthans, 1997; Frey et al., 2004).

For the time being, I work with 37 copyright societies in Africa, servicing 200,000 artists through development support activities.

As far as the Copyright Friendly label initiative is concerned, in one year the initiative will serve close to 100,000 creators (copyright right holders :authors, composers) and 3 times the neighboring right holders ( performers, producers) linked to the creators of the artwork. This will bring the estimate to at least 200, 000

The following are barriers that will affect the CFL initiative implementation from year 1 – 5:

1. Financial: Within the context of the Covid-19 crisis, traditional budget allocation (national budgets, international donors, etc.)  to such a project will be a challenge. The absence of financial resources to sustain the 3 phase-ins (in years) of the project in order to achieve institutional, ownership and self-reliance budget, the successful implementation of the copyright friendly label may be jeopardized. 

2. Technology: There is a lack of appropriate online infrastructure (website, mobile app) to enable access to information on the CFL, as well as platform(s) that support the label application process and the feedback interchange between users, copyright societies and/or artists, etc. One specific mobile application would be useful to map copyright friendly users (hotels, restaurants, night-clubs, shops, etc.), enabling consumers to identify establishments to interact with. However, there is a cost and skills requirement attached to developing such apps and platforms.

3. Communication: There is a need to identify and execute massive and innovative communication networking to reach critical mass of people needed to promote necessary behavioral changes associate with CFL initiative.

4. CFL Solutions engineering teams:  Because the project is new, it lacks human resource capital needed to drive, innovate and day to day support activities towards the implementation of the phasing-in stages. 

5. CFL community: For the CFL to thrive and sustain, it requires a matrix support comprising of sponsors and a community to push and empower the initiative. 

CISAC has a partnership agreement with the World Intellectual Property Organization (WIPO). Within the framework of that partnership agreement, my office is directly working with WIPO for the implementation of the Remuneration for Private Copying in the 8 member states of the West African Economic and Monetary Union. 

Similarly, CISAC is in collaboration with WIPO in the development of technological solutions, infrastructures and information systems ensuring  more efficient, accountable and transparent operations within all the copyright societies.

Also, CISAC has partnership agreements with the Africa Regional Intellectual Property Organization (ARIPO, 19 member states) and the Organisation Africaine de la Propriété Intellectuelle (OAPI, 16 member states). These partnerships translate to joint development activities in areas of copyright promotion and protection, lobbying and advocacy for enforcement of copyright laws, capacity building of copyright societies.      

The copyright friendly label initiative is a system made of the articulation of an institutional framework ( regional and national steering committees, CFL solutions engineering teams, copyright societies, copyright ambassadors) and a flow of activities ( capacity building of the steering committees, strengthening of the CFL solutions engineering teams, upgrading and professionalization of copyright societies , empowerment of artists through copyright ambassadors, CFL communication and awareness raising for the users and the general public).These activities are to be provided and streamlined into the system as the CFL development support programs.

 With such a system in place, artists are assured of increased revenues, fair and sustainable scheme of remuneration for the exploitation of their artworks by users. They also benefit from efficient, business oriented and accountable copyright societies in their royalties’ collection and distribution functions. 

The users which are labelled as copyright friendly (following their compliance to payment of royalties) enjoy an enhancement and positioning of their brand image into the business and/or the society, attracting economic value or community recognition. 

For government and policy makers, the system provides and creates an enabling environment for the enforcement of copyright laws, and most importantly it upholds the respect of the rule of law. 

Within the initial 3 years of the phasing in of the copyright friendly label initiative, the implementation of development support programs will rely on mobilization of grants. This is required especially in light of the COVID19 crisis. The traditional revenue streams (government budget, international donors or private sector subsidies) are under stress and are very scarce, hence unreliable and unpredictable. For a sector (cultural and creative industries) which was already under budgeted and under financed in most of the concerned countries before the Pandemic, the current budget and financial constraints will lead to the lack of prioritization of any culture related expenses.  

From the fourth year, a phasing out strategy will be initiated, consolidating mobilization of local/national financing schemes such as the Africa Solidarity and Development Fund which is already agreed upon by the CISAC Africa Regional Committee. Moreover, the critical components which include capacitation and infrastructure would already be in place to enable a self-sustaining system. 

 The financial sustainability will also be achieved through allocation by copyright societies of financial resources from expenses (administrative costs) related to their regular licensing, communication and capacity building activities

In regard of barriers mentioned on the "More About Your Work" Page, The Elevate Prize may be instrumental in:

1. Securing the necessary financial resources needed to complete the pilot phase of the CFL initiative; the scaling up of the project to 15 countries in the first three years of the phasing in stage, paving the way for its ownership and financial sustainability from the fourth year.

2. Informing and providing the technological solutions to enable the CFL initiative to be users' friendly, smart and solutions driven. 

3. Marketing the CFL initiative and positioning it at a global level through connections with key influencers (decision makers, international organizations, famous artists, etc.)

4. Providing the needed mentoring and coaching services to build the capacities of the CFL human resources (CFL Solutions engineering teams, steering committees, copyright societies, etc.) 

5. Building the CFL community in Africa and around the world.

Potential partners:

- SHAZAM: partnership with mobile app developer in advising on solutions enabling the recognition and monitoring of musical artworks which are necessary for copyright societies to identify repertoire, authors or composers, frequency and location of the usage of the musical artworks. Such information serves as a tool to copyright societies, for accurate distribution of royalties to concerned artists.  

- Netflix: A movie-documentary produced and/or broadcasted on the Netflix Platform about either the CFL initiative or on copyright enforcement in Africa would help to reach a global audience and anchor the issue of the remuneration of artists in the international agenda. Thus bringing the issues to mainstream media and audiences alike.

- Video animation and cartoon producers: The partnership with such producers may help in releasing short films targeting young audience, raising their awareness on issues pertaining to creativity, copyright, remuneration of artists to promote positive conditioning in the respect and appreciation of artworks (using themes of heroes and villains to captivate the youths).

- The World Economic Forum (WEF): A partnership with WEF would help to reach out to world leaders, promoting dialogues regarding best practices on copyright. For example, the awareness will lead to meetings, conferences, workshops held in Africa being hosted in only copyright friendly venues and /or cities.  

-Trip Advisor: an inclusion of a review criteria that communicates the status of copyright friendliness of any specific hospitality establishments will reach a wider audience. It will also empower the citizenry in active participation for this initiative.