FREQUENTLY ASKED QUESTIONS (FOQS)

Question:            What is UFMI?

Answer:               Uganda Federation of Movie Industry (UFMI) is the audio visual Collective Management Organization in Uganda that was formed by audio visual rights owners in 2001, registered with the Registrar of companies as Non Profit Making Organization in 2006 and as a Collecting Society for the audio visual works in 2011.

UFMI is mandated to represent, protect and promote the social-economic interests of audio visual Authors, Performers and Producers in Uganda and foreigners through reciprocal representation.      UFMI manages both reproduction and public performance rights.

Question:            Why join UFMI?

Answer:            Audio visual rights owners have to license each and every user of their works for commercial gain. Section 31 of the Copyright and Neighbouring Rights Act 2006 states that;

 “If a sound recording or audio visual fixation published for commercial advertisement purposes, or a reproduction of that sound advertisement recording or audio visual fixation is used directly or indirectly for broadcasting or other communication to the public, or is publically performed, unless otherwise agreed, a single equitable remuneration for the performer or performers and the producer of the sound recording or audio visual fixation shall be paid by the user to the producer”

Given the fact that it is practically impossible for the Authors, Performers and Producers to collect royalties from all users of their audio visual works (putting into consideration the fact that it is costly both financially and time), individual rights owners are advised to join UFMI and mandate the society to collect royalties on their behalf as it reduces on the cost and time of collection of royalties.

 

Question:            What does audio visual fixation mean?

Answer:               Audio visual fixation” means work consisting of a series of related images which impart the impression motion, with or without accompanying sounds, susceptible of being made visible and where accompanied by sound, susceptible of being audible such as cinema, television or video films;

Question:            Does UFMI protect foreign audio visual works in Uganda?

Answer:               Yes, UFMI protects the economic and social interest of foreign Authors, Performers and Producers through reciprocal protection. Section 81 of the copyright and Neighbouring Rights Act 2006 states;

 “A copyright or Neighbouring Rights Owner who is not a citizen or resident of Uganda shall be protected under this Act if the work was first published in a country which is;

1. A member of any of the organizations specified in part 1 of the second schedule of this Act or
2. A signatory to any of the international conventions specified in part 2 of the second schedule of this Act”.

 

 Section 3 of the Copyright and Neighbouring Rights Act 2006 confirms further the Application of the Act 2006

“This Act applies to any work, created or published before the commencement of this Act, which has not yet fallen into the public domain where the work is;

1. Created by a citizen of Uganda or a person resident in Uganda.
2. First published in Uganda, irrespective of the Nationality or residence of the author
3. First published in a country referred to in section 81”.

 

 

 

Question:            What happens if I sell films without security devices?

Answer:               It is illegal to sell films in Uganda without a security device and if found, the person selling the pirated works is arrested and all the pirated works as stated under Regulation 22 of the Copyright and Neighbourig Rights Regulations 2010;

“A sound recording or audio visual recording without a security device which is either imported or distributed or offered or exposed to the public for distribution by way of sale, hire or rental within Uganda shall be considered as a copy infringing copyright and may be seized by an inspector appointed under regulation 27, a police officer or an officer of customs and excise”.

 

Question:            Where do I get security devices from?

Answer:               Security devices are issued to producers by our office after verifying that they are the rightful owners of the copyright with distribution rights in accordance to section 20 of the Copyright and Neighbouring Rights Regulations 2010.

“The security devices shall be issued by the collecting societies responsible for the interests of the producers after verification that the sound recording or audio visual has been produced or published in Uganda or imported into Uganda without infringing any copyright granted under the Act”.

Question:            Why should I pay for a license?

Answer:               Just as it is in any other businesses, producers and performers invest money and time to produce audio visual works with the projection of making profits out of their investments. Other than being legal and mandatory, it is advisable that users pay for a users’ license as a means of encouraging artists to create more works to the benefit of the consumers and promotion of cultural heritage.

 

 

Question:            Who should pay for the users’ license?

Answer:               All businesses which use audio visual works for commercial gain. Such include among others video libraries, video/cinema halls, Hotels, Restaurants, Gyms, Bars, Gardens, Pubs, Beaches, Clubs, Discotheques, Televisions and similar places.

Question:             Who gets UFMI royalties?

Answer:                A registered Member of UFMI whose audio visual work(s) has been used in public places for business purposes.

Question:            What are those public places using audio visual works?

Answer:               The users we license to use audio visual works include; video libraries, video/cinema halls, Hotels, Restaurants, Gyms, Bars, Gardens, Pubs, Beaches, Clubs, Discotheques, Televisions and similar places.

Question:              How does UFMI split royalties between Performers and producers?

Answer:               After the deduction of administrative costs, the balance is divided between two equal quarters. One half is designated for performers and the other half is designated for producers.  If you are a performer and a producer, you receive royalties in both categories. (NOTE: In case of an Agreement made, then we follow that agreement)

We are located at

Muganzirwaza Complex Building, Second Floor, Suite 3, Katwe Road.

Or call Tel: +256-414-670396, Mob: +256752570341

UFMI is regulated by Uganda Registration Services Bureau