I have decided to start sharing my musings on the recent Copyright and Neighbouring Rights Amendment Bill 2025 currently before Parliament to flag clauses that I believe need to change. We've not had consistent debate on the Bill ever since its first reading. Here's my first shot.

The proposed amendment introduces Clause 10, a new provision that requires all copyright-related contracts, especially those involving publishing, public performance, and broadcasting, to be put in writing and registered with the Registrar within sixty days of signing. If this registration does not happen, the contract is rendered void and effectively unenforceable.

On the surface, this seems like a noble intervention. Musicians and other creators have long complained about exploitative contracts. Many are signed without legal advice, leading to lifelong loss of rights for small one-time payments. These are real concerns. However, the current legislative response risks overcorrecting in a way that could destabilize the very creative economy it seeks to protect.

A Heavy Hand for a Sensitive Matter

According to Clause 10, contracts to exploit authors’ or performers’ rights must clearly state:

- the date of execution

- the amount and mode of remuneration

- the duties and obligations of the parties

- the specific rights of use or exploitation being transferred

-  any other terms agreed to and must be filed with the Registrar within sixty days.

Failure to do so renders the contract void. This essentially elevates a bureaucratic step — registration — into a condition for legal validity. The Registrar, who was previously a custodian of records, now becomes the gatekeeper of commercial viability in the creative sector.

This is not a light matter. Copyright is a form of property. Article 26 of the Constitution protects every Ugandan’s right to own property and dispose of it freely. If two parties voluntarily sign a deal and meet all substantive requirements, invalidating it for missing a filing deadline creates constitutional tension. It transforms an administrative oversight into a legal death sentence.

What Happens to the Investor?

There is also a serious commercial risk. Imagine an investor enters a contract, pays an advance, prints and distributes books, or promotes an artist’s music — only to be told the contract is now void because it wasn't registered in time. Should they walk away and count their losses? Will government offer compensation? Clause 10 is silent.

Such uncertainty could chill investment. Those who fund the creative economy, from publishers to promoters to digital platforms, may hesitate to act, fearing their agreements could be nullified by a procedural technicality.

The Digital World Will Not Wait for Us

Digital platforms, from YouTube, Spotify, YOtv, Afromobile, to Omziki operate on simple click-through licenses. These are binding contracts under global norms. But Clause 10, as currently drafted, does not exempt such standardised, paperless, cross-border agreements. Will we require creators to print out their Spotify terms and register them locally within sixty days? If not, are those contracts void too?

This clause, if applied to digital licensing, would effectively criminalise the global business models that are currently giving Ugandan creators new exposure and income. That would be disastrous.

A Smarter Way to Protect Artists

We all agree some contracts are abusive. But the problem is not a lack of registration. It is lack of bargaining power, legal awareness, and negotiating support for creators.

Let’s focus on real solutions:

- Standard model contracts vetted by legal experts and unions

- Capacity-building for CMOs to review and advise on deals

- Targeted intervention: make registration mandatory only for high-risk contracts such as long-term exclusivity, contracts with minors, or publicly funded works

Empower the Registrar to flag suspicious contracts, not nullify them by default.

Most importantly, let’s avoid a system where paperwork errors kill legitimate deals. That would harm artists and scare away investors.

Let Us Fix the Problem, Not Break the System

Uganda’s creative economy is still growing and fragile. We need regulation that builds trust, not fear. The Registrar should help creators, not override their judgment. Contracts should be fair, but fairness must come through education, advocacy, and support, not rigid formalism.

Clause 10 is well-intentioned, but as currently drafted, it risks undermining both constitutional rights and commercial certainty. If we’re not careful, we’ll solve one problem by creating many more.

Let us protect artists wisely, with a law that is balanced, forward-looking, and grounded in reality.

By Charles Batambuze

Copyright and culture policy advocate

Kampala