Copyright is an ownership right that grants exclusive proprietorship to the creator of an original work to control how his/her creation may be utilized.
Literary, scientific, musical, and artistic works qualify to be given copyright protection, and owners of such works have a right of protection if the work is original and reduced to material form.
The owner of a copyright may register for purposes of keeping evidence of ownership of the right, identification of the works, and maintenance of a record of the rights.
Who owns copyright?
In Uganda, copyright ownership is governed by the Copyright and Neighbouring Rights Act Cap 222, which is fundamentally concerned with identifying and protecting the rights of creators over their works. Central to this legal framework is the question of ownership, determining who holds the bundle of rights to exploit the works created.
The author. The common law principle is that the creator of the work is the first owner (original copyright holder).
The Government. Section 7(2) of the Act provides that where a person creates work under the direction or control of the Government or an international body, unless agreed otherwise, the copyright in respect of that work shall vest in the Government or the international body.
The employer. Section 7(1) of the Act provides that where a person creates a work in the course of employment for another in the absence of a contract, the copyright in respect to that work shall vest in the employer.
Joint authors. Where two or more people collaborate on a work, and their contributions are not distinct, they are joint owners of the copyright as reflected in Section 10 of the Act.
Assignee and licensee. A copyright holder can transfer permanently their rights to another person through assignment. He/she can also grant permission to another person to use his copyrights for a defined period through licensing as reflected in Section 13(1)(a) &(b) of the Act.
The beneficiary of the estate of the deceased of copyright holder. Where the copyright holder dies, his/her rights in copyright can be passed on to the beneficiary. Section 13(1)(c) of the Act provides that the owner of a copyright may transfer to another person or bequeath the economic rights in a copyright in whole or in part.
A freelancer and/or independent contractor. If a freelancer and/or an independent contractor is hired to create literary, scientific, musical, and artistic works without a formal employment relationship or formal agreement, they retain copyright unless they assign it to you.
Creators should safeguard their copyright as follows.
Maintain records to prove authorship and date of creation. This can be achieved by saving original drafts, or working files, and digital backups.
Registering their works with URSB. This serves as prima facie proof of ownership and helps in enforcement.
Use of Copyright Notices. Adding a clear copyright notice to your work, such as © Your Name, the Year of First Publication, for instance, © Luyima D. 2025, helps establish ownership.
Using Licensing Contracts. When allowing others to use your work, always use written agreements, specify how the work can be used, and retain ownership.
Monitor the Use of Your Work. Periodically check if your work is being used online or commercially without permission.
Enforce Your Rights. If someone uses your work without permission, seek legal redress.
Although copyright arises automatically once an original work is created and fixed in a tangible form, safeguarding it involves more than just having rights. Creators should take a combination of legal, practical, and technological steps to protect their works from unauthorized use.
Luyima Deklerk is the Team leader, Intellectual Property, Kalikumutima & Co. Advocates
