It is by law that all users of audio visual works, whether it is for broadcast, public performance, reproduction, distribution or rental must get the authorization of either the owner or the collecting Society. Section 44(1) of the Copyright and Neighbourig Rights Act 2006 states that;
“Any person who wishes to use or perform another person’s work or who causes work to be performed in public for gain shall apply to the owner or the owners’ agent for a license to do so”. 44(2) states that; “The owner or agent may grant a license and shall in respect of any grant, charge such royalties as the owner or owners’ agent may determine to be appropriate” and
This is in the form of the license issued to the user in return for the paid fee to use the audio visual works for commercial gain.
This therefore implies that every producer and performer must authorize each and every user of his/her audio visual work for commercial use, within and outside Uganda by issuing him/her a users’ license, which is practically impossible.
It is for this reason that the law provides for collective management of rights through the Collecting Societies. As already seen, UFMI is the audio visual collective management organization in Uganda which licenses users of audio visual works on behalf of its members and foreigners through reciprocal representation.
Control and reduction of infringement activities:
UFMI ensures that any person or company in need of accessing and using protected audio visual works for gain obtains permission. With our license, the use of our audio visual works becomes legally authorized, thus reducing audio visual piracy in the country.
UFMI uses the tariff guide to assess users on the license fees to be paid. Users are then issued with license application forms, pay in the Bank and then are issued with the license.
The license is paid annually in accordance with section 44 44(3) states that; “A license granted under this section shall be in force for one year but may be renewed each time it expires”.
NOTE: All royalties received by UFMI go to our members, once costs have been deducted. This is because UFMI is a non-profit making organization.