The Eswatini Copyright and Neighbouring Rights Society (ESWACOS) is ramping up efforts to finalise licensing agreements with broadcasters as it prepares to commence royalty collection on 1 April 2025. While progress is being made, the organisation continues to encounter resistance due to a lack of awareness about copyright laws.
ESWACOS executive director Mmeli Hlanze revealed that misinformation and unfamiliarity with copyright regulations remain major obstacles. He noted that many stakeholders are reluctant to comply simply because they do not fully understand their obligations.
“The biggest challenge has been addressing the knowledge gap regarding copyright protection, which often results in resistance,” Hlanze explained. “We have engaged with broadcasters and other users to clarify the principles of the Copyright and Neighbouring Rights Act and their responsibility to compensate copyright owners.”
Determining fair licensing fees has been another hurdle. ESWACOS is working to ensure that rates are equitable for copyright holders while remaining viable for local broadcasters. According to Hlanze, ongoing discussions with industry players have helped strike a balance that benefits all parties and fosters growth in the creative sector.
While the legal framework mandates royalty collection, ESWACOS is prioritising a collaborative approach over enforcement. Hlanze stated that the goal is to demonstrate the economic benefits of copyright compliance, encouraging broadcasters to contribute to the sector’s development rather than merely adhering to legal obligations.
Commitment to Transparency in Royalty Distribution
To uphold transparency in royalty collection and distribution, ESWACOS will hold annual general meetings where rights holders and the public can review financial reports. These meetings will serve as platforms for accountability and open dialogue.
The organisation also operates under a distribution policy that governs how royalties are allocated. Rights holders retain the power to amend this policy through general meetings, ensuring that the system remains fair and relevant to industry needs.
Technology will play a critical role in ensuring accuracy in royalty payouts. Hlanze confirmed that ESWACOS will utilise modern tracking and data analysis tools to monitor music usage and determine rightful recipients, aligning with global best practices for collective management organisations.
A Five-Year Plan to Strengthen Copyright Protection
As the sole administrator of copyright in Eswatini, ESWACOS has outlined a five-year strategic plan aimed at bolstering copyright enforcement and supporting artists across various creative industries. This initiative will not be limited to musicians but will extend to authors, publishers, illustrators, filmmakers, photographers, and actors.
Capacity-building programmes will be launched to educate rights holders on managing their intellectual property effectively. Hlanze affirmed that the initiative seeks to empower creatives across multiple sectors, ensuring that no one is left behind.
Additionally, ESWACOS is rolling out social and development programmes to provide security for rights holders. Plans include the introduction of a development fund designed to offer financial support within the industry, with some initiatives set to launch this year.
“Our approach is holistic, targeting the entire creative sector rather than focusing solely on music,” Hlanze said. “We are working to create a sustainable system that benefits all copyright holders in Eswatini.”
