WIPO-ARIPO SUB-REGIONAL TRAINING OF TRAINERS PROGRAM FOR EFFECTIVE IP ASSET MANAGEMENT BY SMEs ASSISTING SMEs ON HOW THEY CAN BENEFIT FROM THEIR COPYRIGHT AND THE USE OF COPYRIGHT WORKS OF OTHERS IN THEIR BUSINESS th November 2014 Harare, Zimbabwe Keitseng Nkah Monyatsi Copyright Officer

Presentation Outline Introduction; Creative Industries; SMEs benefiting from their copyright; SMEs using copyright works of others; Summary: Issues to consider when training SMEs on copyright as it relates to their businesses; Conclusion.

Introduction: Pillars of an effective Copyright System Administrati on Policy Legislation Institutional frameworks Management Enablement of access/use of works Policing (by rightholders) Enforcement Role players; Rightsholders Police Customs Judiciary

Generalized view on the National Copyright Environment of ARIPO member states

Copyright Value Chain Human capital (talent, capacity building/Training) Investment in the required initial tangible capital CREATION Investment in the necessary equipment Engagement of other expertise PACKAGING THE PRODUCT Collective/individual management of rights (revenue to the creator/copyright owner) Distribution channels CONSUMPTIO N Economic diversification Job creation Poverty alleviation Education (knowledge creation, sharing and transfer) Tax revenue Attraction of FDI Further investment into creativity Realisation of economic benefits of Cultural Industries

What are Copyright Industries;  Industries that produce tangible and intangible creative works;  They produce knowledge and products that have cultural and social meaning;  Exploitation of works has potential to generate wealth; Terms such as Cultural Industries, Copyright-based Industries, Copyright Industries and Creative Industries are used interchangeably. Copyright Industries

Core Copyright Industries  Industries that are wholly engaged in the creation, production, manufacturing, distribution, broadcasting, performance of copyright protected works;  Examples; Book publishing, music, theatre, computer software, audio-visual works, broadcasting etc. Interdependent industries  Products that are consumed with those in the Core Industries or those that deal with facilitating equipment;  Examples: manufacture and distribution of televisions, radio, CD recorders, computers, musical instruments, photocopying machines, etc. Categories of Copyright Industries….

Partial Copyright Industries  Only a small part of the production output is linked to copyright and related rights;  Examples: Architecture, furniture, restaurants etc. Non-dedicated Support Industries  The industries remotely depend on copyright protected works but these works contribute a part of their business;  Examples: telephones, transportation, internet etc Categories of Copyright Industries ….

Copyright Industries: Economic Contribution Economic importance of copyright industries in countries which are major creators of copyright material has been well documented. All studies carried out so far show a considerable contribution of the industries to the national wealth. Copyright industries rank in size with other major conventionally defined industries in those countries. Represent the fastest growing sector in some countries Create considerable employment Contribute to increasing levels of exports and imports Increase in national GDP.

CountryGDPEmployment USA11.01%8.51% Australia10.3%8% Hungary7.42%7.28% Malaysia5.61%7.6% Kenya5.32%3.26% South Africa4.11% Colombia3.34%5.80% Malawi3.46%3.35% Peru2.67%4.50% Tanzania4.56%5.63%  Averages:  GDP = 5.4%  Employment = 5.9% Source: WIPO Studies on the Economic Contribution of Copyright Industries 2012 & 2014 Copyright Industries: Examples of Contribution

CMO Status on Collections 2011 Collections (US$) 2012 Collections (US$) 2013 Change in Collections COSBOTSNo-92, , CSGN/A--- ARSOGN/A CopyGhanaNI40, , , GHAMRONI666, , 028, , MCSKNI2, 970, , 109, , KAMPYes60, , , PRISKYes98, , , COSLIBN/A--- COSOMAYes193, , , SOMASNI32, , , NAMRRON/I--- NASCAM Yes 327, , , RSAUN/A-- KOPITANNo--- COSOTANI115, , , COSOZANINeed clarity URRONo--- UPRSNI65, , , ZAMCOPSYes214, , , ZARSONoNI ZIMURAYes1, 002, , 217, , ZIMCOPYNo---

CMOStatus on Distribution 2011 Distributions(US$) 2012 Distributions(US$) 2013 Change in Distributions Distribution intervals COSBOTSNo-64, , Twice a year CSGN/A---NI ARSOGN/A-00Likely Twice a year CopyGhanaNI5, , , Annually GHAMRONI890, , , Twice a year MCSKNI637, , 097, , Varies KAMPNo7, , ,581.00Annually KOPIKENYesNI - PRISKNo066, , Annually COSLIBN/A--- COSOMAYes135, , ,935.00Varies SOMASNI22, , , Annually NAMRRONI000N/A NASCAMYes71, , ,745.31Twice a year RSAUN/A000 KOPITANNo000NI COSOTANI81, , , Varies COSOZANINeed clarity Twice a year URRONo000N/A UPRSNI18, , , Annually ZAMCOPSYes95, , , Twice a year ZARSONoNI - ZIMURAYes579, , , Annually ZIMCOPYNo000N/A

SMEs Benefiting from their Copyright Creation of works and ownership of copyright; – SME needs to be aware of legal requirements to acquire copyright protection e.g. Does the law require fixation of the work on a tangible medium; Options for exploiting copyright protected works; – SMEs deals and uses its own copyright protected works; – SMEs licensing their works; – Assignment of works. SME needs to police and enforce its copyright.

Using the Copyright Works of others Compliance with the national copyright law; Acquiring rights in a copyright protected works ; Acquiring licences through collective management organisations or directly from rightholders; Participation in creative industries through dealing with copyright protected works; e.g. distribution of creative works, offering services to entities involved in the creative industries etc.;

Opportunities for SMEs in Africa Creation of copyright works does not always require academic training. Creation of some works merely requires talent; Protection of copyright is free of charge; Growing recognition of the contribution of SMEs to economic development, growth and diversification; Culture and traditional cultural expressions– a rise in acceptance and consumption of cultural products; cultural tourism etc;

Opportunities.... A youth cultural entertainment group in Harari, Ethiopia. Benefited from MDG Culture Programme; Now earning money and introducing the local tradition to a wider audience. (Photo: UNDP Ethiopia) urwork/povertyreduction/successstories/in- ethiopia--cultural-crafts-help-lift-families-out-of- poverty-/

Opportunities.....

Summary: Issues to Consider in Training SMEs Assess and understand SMEs being trained; their businesses and identify applicable and potential copyright industries they can benefit from; Problem analysis; Demystify the subject of copyright and related rights; Have, and create an awareness of the national copyright policies and laws; As a trainer, appreciate and impart knowledge about the role of creative industries in socio-economic and cultural development and growth; Emphasise the importance of legal access and use of copyright protected materials;

Summary..... Seek and avail additional sources of information; Engage other stakeholders for the SMEs being trained; Avail information about options for exploitation of copyright protected works; – Licensing (individual and collective management of rights) and assignment of works. Gather and share information about other SMEs in related fields from within the country, and other countries;

Summary.... Encourage SMEs to pool resources together to facilitate access to common services for the management and enforcement of their copyright and related rights, e.g. getting expert advice when negotiating licenses, drafting license agreements and assignments; Develop, and/or assist and advise on the development of basic documents e.g. SMEs in software development may consider binding their employees to confidentiality agreements etc; As an SME trainer on copyright, be an active player in the development and growth of your national copyright system; Monitoring and evaluating the impact of trainings that were undertaken.

Conclusions Lack of knowledge about copyright and related rights can serve as a hindrance to the attainment of the potential benefit that SMEs can derive from their own copyright protected works, and from the use of others’ works; Creative works have potential to contribute towards economic development and growth; Trainers of SMEs need to be systematic in carrying out capacity building initiatives.