INTRODUCTION
The world is rapidly changing from analogue to digital1 as new information and communication technologies continue to evolve. This evolution has allowed copyright owners to enjoy both the economic and moral rights of their creations, leading to increased popularity. With the internet, authors can get in touch electronically with potential customers across the globe, as it serves not only as a system for facilitating sales but also for effectuating the delivery of goods.2 Though technology has brought new opportunities for creators and owners to exploit and disseminate copyrighted works. Sadly, the digitalization of works protected by copyright comes with serious implications for the owners, as it has made it easy for third parties (infringers) to access the work without permission. One of the greatest challenges faced with the advent of new technologies in Cameroon is the problem of infringement. Holders of copyright found their rights being infringed upon by third parties. Copyright enforcement is a critical issue that directly impacts content creators and the broader digital content ecosystem. As the digital landscape evolves rapidly, understanding and addressing the challenges faced by rights holders in enforcing copyright is crucial to protect the interests of creators and foster a sustainable creative environment.3 The evolution of new technology poses a significant challenge to copyright enforcement. 4The legal and institutional framework has failed to effectively enforce copyright protection in the age of digital technology. However, Cameroon has made it clear that it takes the infringement of intellectual property rights very seriously. A new law that amends the penal code law no. 2016/007 of July 12, 2016, brings infringement firmly into the realm of criminal law. Thus, infringements of moral right, through violation of the right of disclosure, authorship, through performance and reproduction, distribution, shall be punished with imprisonment for five to 10 years and with a fine of from five hundred thousand francs to 10 million or both such as punishment and fine5. Moreover, copyright infringement may affect the reputation of authors, as their work may be associated with low-quality or misleading content shared by unauthorized parties.
AUTHORS’ RIGHTS
Owners of literary, artistic, and scientific works under the Cameroon Copyright Law are entitled to enjoy the exclusive rights of ownership in their work and are empowered by law to take certain actions against infringers. The attributes of copyright are twofold: moral and patrimonial/ economic rights6. Copyright protection is given to intellectual creators as a tribute to and an acknowledgement of their creative intellectual labour. Though this protection started with the recognition of the rights of authors in their books, we can see that modern technology has changed things to such an extent that similar protection can be claimed in various things.
a) Economic right of the copyright owner
Economic rights are those that allow authors to derive economic benefits from their work. These are the exclusive rights of the author to use or authorize the use of his work in any form and to reap the financial benefit therefrom. They are rights concerning the control over all economic, commercial, and industrial exploitation of the works, and other means of use of works, which include such acts as reproduction, communication of the work to the public, adaptation, etc7. With any kind of property, the owner may decide how it is to be used, and others can use it lawfully only if they have the owner’s permission, often through a license. When compared with moral rights, economic rights have been recognized for quite a long time. Economic rights have been recognized in one form or another since the fifteenth century, and in 2000, copyright law was introduced in Cameroon. The modern world has also unanimously accepted this right, which is evident from its inclusion in the Berne Convention (1886) and its subsequent acceptance by the TRIPs Agreement. Based on the exhaustive review of all economic rights provided under the TRIPS Agreement, economic right is categorized into four groups of exclusive rights:
• Reproduction right;
• Rental right
• Right of public performance, broadcasting, and communication to the public; and
• Translation and adaptation rights.
The Rights of Reproduction of Copyrighted Works
The right of reproduction8 simply means the material fixation of all or part of a literary or artistic work through any means that will enable indirect communication, including permanent or temporary electronic storage. It is the most fundamental of all the economic rights that are accorded to authors in every national copyright law. The importance of this right is evident from the fact that copyright is essentially the right to prevent others from making copies, and this right to control the act of reproduction is the legal basis for further acts of exploitation of protected works, such as distribution9. The coverage of the right of reproduction under the Berne Convention10 is absolute; it extends to reproduction “in any manner or form,” covering both the present and future processes of reproduction11. The right to authorize the reproduction of a work in copies is recognized in section 9 of the Berne Convention, in the Universal Copyright Convention, and in virtually every National Copyright Law, including the U.K. and the U.S.A. & India12, and section 17 of the 2000 law on copyright and neighbouring rights in Cameroon.
According to section 17(1) of the 2000 copyright law;
“Reproduction shall mean the material fixation of all or part of a literary or artistic work through any means that will enable its indirect communication, including permanent or temporary electronic storage. It shall be done through photography, printing, drawing, engraving, casting, and audiovisual, tape, or mechanical recording”.
It is generally accepted that every means by which a work of authorship may be reproduced is embraced by the reproduction right, including traditional methods of design, drawing, engraving, photography, offset, and all other processes of printing, as well as more modern techniques of photocopying, casting, audiovisual tape, and mechanical recording, and the like. What is less settled is whether certain uses of a work – such as storage and retrieval in a computer system – fall within the scope of the reproduction right.
Rights of Adaptation
Adaptation is generally understood to mean the modification of a pre-existing work from one medium or genre to another, such as cinematographic adaptations of novels or musical works. It may also involve alteration to a work in the same medium to make it suitable for different conditions of exploitation, such as rewriting a novel for a juvenile edition13. It is the right to authorize any type of modification of a work to make it suitable for different conditions of exploitation. Examples of adaptations include: translations from one language to another; musical arrangements of the spoken or written word; dramatizations of non- dramatic works and vice versa; fictionalizations of non-fictional works and vice versa; motion picture versions of plays or novels and vice versa. The adaptation right does not extend to mere ideas taken from the source work. It applies only where the source work is changed in some order. Adaptations are protected independently of the original works from which they are derived.
Rights of Public Performance
The public performance right is envisaged in section 14 of the TRIPS Agreement 1994. Under the 2000 copyright law, it is often referred to as the realm of representation, broadcasting, and communication.14 The public performance right is the right to authorize or prohibit the performance of a work in public. The right applies to all types of works that are capable of being performed, literary, musical, dramatic, dramatico-musical, choreographic works, pantomimes, motion pictures, and other audiovisual works. Sound recordings, however, are not covered by this right. The performance right is covered under Berne article 11(1), which states that authors of dramatic, dramatico-musical, and musical works shall enjoy the exclusive right of authorizing. The right to authorize the performance of a work in public is also recognized both by the Berne Convention15 and the Universal Copyright Convention16 and by most national laws, including the U.K., the U.S.A., and India.
Section 16 (1) of the 2000 Copyright Law provides that;
“Representation shall mean the communication of a literary or artistic work to the public, including its publication in such a way that everyone can have individual access to it where and when he so chooses. Representation shall comprise notably:
a) public recitation, drama performance, and rendering of the work through any means or procedure;
b) public exhibition of the original or copies of a work of art; a
c) Telecasting, that is to say, either wireless broadcast, such as radio or television broadcast, by wire or any other similar technical device, of sounds, images, text, or messages of the same nature.
Representation under the 2000 copyright law means the communication of a literary and artistic work to the public, including its publication in such a way that everyone has individual access to it where and when they so choose. Representation comprises the public exhibition of the original or copies of a work of art17, and telecasting that is to say either wireless broadcast, such as radio or television broadcast, or any other similar technical device, of sounds, images, texts, or messages of the nature18.
Right to Broadcast
The broadcasting right is regarded as one of the most important rights, given the important place this medium now holds in the world of information and entertainment. The broadcasting right authorizes the transmission of a work by any means of wireless diffusion and is found both in the Berne Convention19 and in the Universal Copyright Convention20. Under some national laws (U.S.), the broadcasting right is subsumed under the public performance right, while under other national laws (U.K. & India), it is separately stated. Irrespective of whether the broadcasting right is recognized as a separate right or as a part of the public performance right, its basic features are well established.
The Right of Distribution of Copies of the Copyright Works
The right of distribution is the right to distribute copies of the work to the public by sale, lease, or rental, lending, or any other procedure, such as transfer of ownership or possession of copies of the work. It is the author’s exclusive prerogative to bring into circulation the original or copies of his work. This right is interpreted to mean the right to give out copies either through sales, loans, leases, rentals, gifts, or any other act of marketing the original copy of a work. This right is contained in section 19 of the 2000 Copyright Law. This section states: “distribution shall mean the offer to sell or lease, the sale, rental, or any other act of marketing the original or copies of a literary or artistic work”. It is noteworthy that this right gets extinguished after the first sale or transfer of ownership (save for graphic, plastic, and manuscript work). This means that after the first sale, the owner cannot prevent the purchaser from reselling the work (e.g. book). Yet, the latter cannot reproduce the book for commercial purposes without the consent of the lawful owner of the work.
b) Moral Rights
Moral rights “stem from the fact that the work is a reflection of the personality of the creator, just as much as the economic rights reflect the author’s need to keep body and soul together”. Moral Rights or non-pecuniary rights by nature are those rights linked to the author and are independent from his economic rights over the work, which, when infringed, attract criminal sanctions as provided in section 82 of the 2000 copyright law. The penal code has not lost sight of this. The right remains with the author even after he has transferred his economic right21. The orthodox theory of moral rights is that authors of copyrightable works have inalienable rights in their works that protect their moral or personal interests22. The Berne Convention, in its section 6(1) (bis), gives cognisance to these moral rights. It states;
“Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation”.
To give effect to the Berne Convention, section 14 of the 2000 Copyright Law details the implications of moral rights. Section 14(1) reads that, Moral implications shall confer on the author, independently of his patrimonial rights and even after the transfer of such rights, the right to defend the integrity of his work by objecting especially to its deformation or mutilation. The moral rights of copyright authors include:
a) Decide on disclosure and determine the procedures and conditions of such disclosures;
b) Claim ownership of his work by requiring that his name or capacity be mentioned each time the work is made available to the public;
c) Defend the integrity of his work by objecting especially to its deformation or mutilation, and
d) Put an end to the dissemination of his work and make changes thereto.”
Subsection (2) states, “The author may exercise the right of withdrawal and alteration referred to in subsection (1) above only after compensating any beneficiary of an authorisation in respect of such work”. It is important to mention that moral rights are inalienable, perpetual, and imprescriptible as contained in section 14 (4) of the 2000 copyright law. This section states: “Moral implications shall be linked to the person of the author. They shall be perpetual, inalienable and imprescriptible”. This means that moral rights attached to copyrighted works are for an unlimited duration within the Cameroonian context and cannot be transferred to another person even upon death. This right recommends that an author be accredited at any moment that his work is being used. The rationale here is that authorial works deal with the reputation, integrity, and dignity of the author that deserve protection. In England, moral rights are temporal and are dependent on the economic right of the author, and the infringement of these rights gives rise to an action for damages. The principles of moral right involve some of the most important issues facing Cameroonians, as well as many other countries in the world, for artists today. But they are widely misunderstood, even by artists. The doctrine of moral rights comprises four core rights: the right of integrity, the right of attribution, the right of divulgation, and the right of withdrawal.
INTERNATIONAL TREATIES AND CONVENTIONS FOR COPYRIGHT
a) Berne Convention (1886)
The Berne Convention is the first and oldest treaty in the field of copyright. The Berne Convention for the Protection of Literary and Artistic Works was first signed on September 09, 1886. The convention has undergone a series of revisions to meet new challenges brought about by technological advancements in the field of the utilization of authors’ works. This provision went from 1908 in Berlin, 1928 in Rome, 1948 in Brussels, 1967 in Stockholm, and finally to 1971 in Paris, where the convention was revised and amended. The convention relates to literary and artistic works, which include films, and the convention requires its member states to protect every production in the literary, scientific, and artistic domain. According to this convention, a member state is under the obligation to protect the right of authors in literary and artistic works.
b) World Intellectual Property Organization Copyright Treaty (1996)
The WTC is a special agreement under the Berne Convention that deals with the protection of works and the rights of their authors in the digital environment. Thus, any contracting party, even if it is not bound by the Berne Convention, must comply with the substantive provision of the 1971 Paris Act of the Berne Convention for the protection of literary and artistic works(1886). The WCT was adopted in Geneva on December 20, 1996. The treaty says that its contracting parties are bound to comply with Articles 1 to 21 of the Berne Convention23, which includes moral rights under Article 6bis.
c) The Universal Copyright Convention (1952)
The Universal Copyright Convention was adopted in Geneva by UNESCO and was signed in 1952. The convention resolved to provide for the adequate and effective protection of the rights of authors and other copyright proprietors in literary, scientific, and artistic works, including writings, musical, dramatic, and cinematographic works, and paintings, engravings, and sculpture. Also known as the Geneva Convention, its main aim was to bridge the gap between countries that acceded to the Berne Convention and the ones that had not, and by so doing, extend international copyright protection beyond the Berne Union. The Universal Copyright Convention also provides a simple and ingenious solution to the problem of infringement of copyrighted work in different legal jurisdictions.
d) The WIPO Performers and Phonograms Treaty (1996)
The World Intellectual Property Organization Performances and Phonograms Treaty (WPPT), established in Geneva in 1996, serves as an international agreement under the umbrella of the World Intellectual Property Organization (WIPO). This convention provides for the obligation of each Contracting State to protect a producer of phonograms who is a national of another Contracting State against the making of duplicates without that producer’s consent, against the importation of such duplicates, where the making or importation is for distribution to the public; and against the distribution of such duplicates to the public.
e) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961)
The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations is a treaty upon which technology had a clear and direct influence. The Rome Convention was signed in Rome in 1961. and it expands the ambit of the Berne Convention by securing the rights of performers, producers of sound recordings, broadcasters, and several others, along with the protection of literary, artistic, and cinematographic works.
LEGAL FRAMEWORK IN CAMEROON
a) The Bangui Agreement of February 24, 199924
The Bangui Accord of 02/03/197725 As amended on 24/02/1999, the law regulating intellectual property practice in Cameroon. This agreement led to the creation of a regional IP system, the African Intellectual Property Organization (AIPO), most commonly known and called by its French acronym, “OAPI.”26. This is consequential upon the provisions of articles 3 and 4 of the said agreement. It is an instrument regulating all types of IPR in sub-Saharan Africa. This agreement has X Annexes, and Annex VII is responsible for the protection of literary and artistic works.
b) The Cameroonian Law on Copyright and Neighbouring Rights of 19 December, 2000
Law No 2000/011 of 19 December 2000 on Copyright and Neighbouring Rights is the main instrument that protects copyright in Cameroon. This law protects all literary and artistic works, irrespective of the modern worth, genre, or purpose of expression. The 2000 copyright law lays down measures for the protection of works. These measures include: the enforcement of court decisions, confiscation of infringing materials, and border control measures. This law uses the term forgery to refer to all kinds of infringement of literary, artistic, and scientific works. Thus, section 80 outlines what constitutes counterfeiting/piracy of protected works by starting that piracy may arise in any of the following ways: the exploitation of a literary or artistic work in violation of the said law, performance, reproduction, transformation, or distribution by any means whatsoever27 and any reproduction, communication, or supply to the public through sale, exchange, or rental of a recording, a phonogram, videogram, undertaken without the authorization of the performer where such authorization is required28. The protection of works against the above violation is found in section 82 of the law. This section punishes works pirated as referred to in section 80 with imprisonment of from five years to ten years or a fine of from five-hundred to ten million or both such imprisonment and fine29. The penalties provided for in this section double where the offender is a partner of the owner of the infringed right30.
c) The Cameroonian Penal Code of October 1, 1967
Cameroon has made it clear that the law takes infringement of intellectual property rights very seriously. The Cameroonian penal code31 On its part, notwithstanding that it precedes both the Bangui agreement and the 2000 copyright law, it has some provisions on counterfeiting. This law brings infringement firmly into the realm of criminal law. With respect to the infringement of copyright, this may occur by way of the publication in whole or in part of any writing, musical composition, drawing, painting, or any other printed or engraved matter32 or trading, in exporting or importing any such infringement33, or producing, presenting, or disseminating by whatever means any work of intelligence. Thus, infringes of moral right, through violation of the right of disclosure, the right to authorship or the right to respect of a literary or artistic work, the right of integrity, and who ever exploit literary or artistic work done in violation of the law shall be punished with imprisonment for five to 10 years and with fine of from hundred thousand France to ten million or both such as punishment and fines34 as stated in Section 327(1a).
INSTITUTIONAL ENFORCEMENT MECHANISM IN CAMEROON
a) The Collective Management Bodies
Collective management organizations administering performing rights usually base their work on three pillars- documentation, licensing, and distribution35. These organizations negotiate with users (such as radio stations, broadcasters, discotheques, cinemas, and restaurants) or groups of users and authorize such users to use the works in their repertoire based on the payment of royalties and the observance of certain conditions36.
Section 75 of the 2000 copyright law allows owner of copyright or neighbouring rights to set up a management body for the purpose of exercising their rights. Only one body may be created for each category of copyright and neighbouring right, and the categories are determined by genre or by necessary association37. In Cameroon, registration of created works must be done in front of the competent collective management body, which merely serves as proof of ownership in case of infringement and proof with respect to the originality of the said piece of work38. A collective management body may act as a witness in a copyright trial and provide evidence of registration.
b) Ministry of Arts and Culture
To mark its commitment to the fight against piracy, the Ministry of Culture has created a National Committee for the Fight Against Piracy, which aims to define the actions to be taken to curb the persistence of this phenomenon, and especially to use the means of the state to lead this fight against counterfeiting. This Committee has often been seen getting involved with the artists on the ground, thus participating in the protection of Copyrights. However, it must be acknowledged that the action of the National Committee against Piracy has not been satisfactory so far. One hardly hears about it, except generally to denounce its inertia. It is for this reason that some initiatives are taken by the artists themselves to overcome the phenomenon39.
c) The Role of the Courts
The effectiveness of the protection of literary and artistic property rights goes hand in hand with the judicial system, which must show through its acts of retaliation. This is the ultimate measure in the protection of authors. It is when the harm suffered or intended to be suffered is considerable that the legal protection of literary and artistic property rights is implemented with a view to sanctioning violations of these rights40. According to Articles 84 and 85 of the Law of 2000 on Copyright and Neighbouring Rights, the President of the competent Tribunal has the power to order the suspension of any production, the seizure of counterfeit copies, or the suspension of any communication to the public not authorized by the owner of the infringing work. The court may also order the closure of the establishment in which the forgery is operated when it is actually organized in accordance with Article 64(4) of the Bangui Agreement41. The seizure or foreclosure can be done in case of suspicion. In fact, in intellectual property law in general and in literary and artistic property law, any plaintiff may ask the judicial police officer to seize without material apprehension of the copies constituting an unlawful reproduction of his work. At this level, the bailiff only lists and describes the copies he has discovered during his descent on the court ordered by the judge42.
d) National Police and Customs Services
Where copyright infringement has occurred or is justifiably suspected, rights-holders may initiate criminal investigations and prosecutions by complaining to the police. Section 85(1) of the Law of 2000 on Copyright and Neighbouring rights provide that; in case of violation of or threat to violate the rights provided in this law, the natural persons or corporate bodies or their legal representatives who own such rights, may request a judicial police officer or a bailiff to establish the said infringements and, if need be, seize, on the authorization of the State Counsel or competent judge, the forged copies, the illegally imported copies and objects and the equipment used or to be used for performance or reproduction, and set up to commit such forbidden acts43. Since most police officers do not receive training in enforcement and prosecution arising from the infringement of intellectual property, they may not be able to effectively carry out the procedures and actions required to prosecute such cases effectively. This training includes proper assessment of complainant rights, proper investigation of infringing actions, proper seizure and custody of evidence, and drafting non-defective charge sheets44. As regards the role of customs officers in the enforcement of the law at the borders, Specific measures to enforce copyright law at the borders are provided for in Section 90 of Law No 2000/11 on copyright and neighbouring rights of copyright.
JUDICIAL AND CRIMINAL REMEDIES
Penalties under criminal action are granted for intentional acts of piracy of copyright and neighbouring rights, essentially on a commercial scale. These penalties are numerous and are used as a deterrent measure. The criminal sanction will consist of fines and imprisonment. Fines and imprisonment are the first penalties found in the 2000 law. The payment of fines is the smallest criminal sanction awarded by the court for copyright infringement. The sanction against piracy under the 2000 copyright law is most severe. This law provides for a sum of from 500,000 to 10, 000,000 CFA francs as a fine for piracy. Section 82 (1) of the 2000 law provides for an imprisonment term of from five to ten years45.
The purpose of the redress by way of a civil action is to create a deterrent effect to further infringement. Civil remedies include monetary damages, an injunction for forfeiture, seizure, and destruction of infringing copies. However, enforcement remains weak in practice due to court delays, limited evidentiary standards, and low prosecution rates.
CHALLENGES OF COPYRIGHT ENFORCEMENT
a) Increased Use of Information in Digital Form
The increased use of digital information presents significant challenges to copyright protection in the digital age. This is as a result of the ease with which pirates copy, share, modify, and access digital content. It is difficult to track authorized use, piracy, and plagiarism in a borderless world. Presenting information in digital form, as opposed to the more traditional analogue form, means using numbers to capture and convey the information. Music offers a clear example of the difference between the two. Capturing musical sounds requires describing the shape of the vibrations in the air that make up the sound. Records capture that information in the shape of the groove in the vinyl. Compact discs (CDs), by contrast, capture the same information as a large collection of numbers. Digital information has a remarkable breadth of descriptive ability, including text, audio, video, software, and even shape (e.g., in computer-aided design). The use of digital information presents difficulties for copyright protection.
b) Ease of Distribution
The internet makes it incredibly easy to access and share digital content. With just a few clicks, users can download or stream copyrighted material from various sources46. Today, computers are routinely connected to networks that enable rapid, inexpensive distribution of information. With speeds that reach a billion characters per second on single links, computer networks are drastically changing the economics of information distribution, lowering another of the natural barriers to violation of intellectual property rights. To profit from a book or video, the publisher or pirate must incur the costs of reproducing it and distributing the copies. But copying digital information costs almost nothing, and networks make worldwide distribution very inexpensive and very fast. Consequently, it is easier and less expensive for a content owner to distribute a work, and significantly easier and less expensive for a pirate to engage in illegal commercial copying and distribution.
c) Ineffective Enforcement of Laws
Effective enforcement of intellectual property laws is a key to curbing piracy. Consequently, the position and role of law enforcement agencies like the police, the army, customs, and officers of other relevant government agencies are crucial47. In most developing countries, like Cameroon, these personnel are faced with various challenges, such as poor understanding of the issues involved, poor training, poor funding of enforcement activities, and absence of good working tools either to aid detection or in the conduct of post-arrest operations. However, a disturbing attitude also exists in the minds of the public and sometimes in the judiciary and in law enforcement agencies, that piracy is a low level of mischief with little real consequence. Delays in the judicial system and a lack of transparency in the enforcement system discourage copyright litigation and enforcement. This lack of transparency is as it affects right holders, for they are generally in the dark about the cases and ongoing investigations.
d) Inadequate Law Mechanism
The CMB is operating under a law, and thus, places the blame on the government that, despite the wonderful law put in place, the government does not ensure management or follow-up of the law in the field. The government does not put in adequate mechanisms to ensure that the law is implemented, as there is no follow-up. The masses are ignorant to the extent that even lawyers claiming to defend their clients work against the law itself or out of the armpit of the 2000 copyright law in Cameroon. Visiting our courts, we can see lawyers defending defaulters to the detriment of the copyright law put in place. The society as a whole cannot differentiate between royalties and taxes, as they get confused and blame the government and management bodies for over-taxation. Royalties are not levied in isolation from taxes. The combination of various types of royalties and taxes is known as the Fiscal System. In determining the appropriate level of royalties, the full fiscal system must be taken into consideration in order to ensure that the combination of royalties, taxes, and other fiscal levies contributes to the health of the oil and gas sector and to that of the economy as a whole. Royalties must be at the right level-too high will result in underinvestment, and too low might result in inflation and reduce competition.
e) Conflict of Laws Issues
Conflict of laws, sometimes referred to as private international law, is an area of law that has developed to resolve three particular issues that a court may face when proceeding with a case with a foreign element. The issues are whether the court in a particular country has jurisdiction to hear a case, what body of law should apply to the case, which court has jurisdiction, and whether a foreign judgment should be recognized and enforced48. Conflict of law only comes up when the parties are domiciled in different countries. However, Laws can not keep pace with technology. All efforts need to be made to amend copyright laws to cover technological impact on the associated legal issues and to include the latest provision for the protection of copyright, and also make safeguards for the interest of the users. Most of the times users are not familiar with copyright laws and the kinds of activities that lead to copyright breaching, so users can be made aware through various literacy programs of the rights of the users and rights of the owner to avoid any legal conflict between these two, and it is the responsibility of modern-day Library and Information Professionals. Users also need to educate how to handle electronic information and what does not come under the fair use doctrine. So, the modern-day librarianship is in tension between providing good service to their patron and respecting the rights of the copyright owner49.
CASE STUDIES
Orange Cameroon vs. Ama Pierrot 2024
In this case, the defendant Orange Cameroon was taken to court by Cameroonian artist Ama Pierrot after the telecom giant used his hit song Ingratitude without authorization as ringtones and call indicators for over a decade. The Court of Appeal of the Littoral in Douala ruled in May 2024 that Orange had infringed on Pierrot’s copyright and ordered the company to pay more than 500 million FCFA in damages. This landmark case underscored the importance of protecting local artists against corporate exploitation and set a strong precedent for intellectual property rights in Cameroon.
Shakira v Zangalewa 2010
In the case of Shakira v Zangalewa 2010, the American singer’s hit song WAKA-WAKA released during the FIFA World Cup drew heavy similarity from the 1986 song Zangalewa sang by the Cameroonian group of presidential guard. It was claimed that the Zangalewa were the original owners of the song. This raised the concern of copyright and licensing, credit for original artists, and compensation. However, members of zangalewa group publicly stated that they had not initially been approached for permission. The delegation representing Zangalewa reportedly sued for authors’ rights. The case was settled out of court, with an advance payment of $400,000 was paid to the group, and a royalty payment was scheduled quarterly. The Shakira-zangalewa case is more than a copyright dispute; it is a powerful reminder for all intellectual creators to stand up for their rights.
Manu Dibango vs. Michael Jackson 1982
Similar to the above cases, Manu Dibango, the legendary Cameroonian saxophonist, sued Michael Jackson over the use of his famous chant “Mama-say mama-sa ma-ma-coo-sa” from Soul Makossa in Jackson’s 1982 track Wanna Be Startin’ Something’. Although Dibango settled with Jackson, he later challenged Rihanna’s reuse of the chant in Don’t Stop the Music. The Paris court dismissed his claim, citing the earlier settlement, but the case sparked global debate about sampling, copyright, and the exploitation of African music. Together, these cases highlight the struggles African artists face in defending their creative works on both local and international stages.
PROPOSED REFORMS
a) Legislative Revisions
The Cameroonian copyright law needs to revisit current legislation and update it in conformity with the explicitly stated issues of digital and online copyright infringement, providing clear provisions on digital platforms, online procedures for enforcement, and penalties. Enforcement Institutions should be strengthened and sufficiently funded and equipped. Legal professionals should be trained for the effective handling of digital copyright cases. This should also include the adoption of advanced technological tools for monitoring and detection of digital piracy.
b) Awareness and Education
There is a need to increase public awareness of the negative impacts of copyright infringement on the rights of the creators. So, to encourage and protect intellectual rights in Cameroon, the public should be trained in order to appreciate the economic significance of compliance with copyright protection. There is also a need to train the judicial officers on how to track down copyright violators and to equip them with effective means to handle cases that are brought before a court of law. Train police in cyber technology enforcement and investigation.
c) Stronger Digital Rights Management
By regulating access, distribution, and copying of copyrighted material, digital rights management technology can assist in defending it. Content providers, including eBook systems and streaming services, often use digital rights management to stop illegal distribution. Putting money into robust digital rights management systems helps protect their creation.
CONCLUSION
The era of digital technology, characterised by fake websites, illegal file-sharing, and downloading films and songs create a series of issues and causes concerns to the copyright holders. The flexibilities of digital technology and the easy availability of the internet are the two primary reasons behind the growth of digital piracy. Though digitalization has beneficial aspects, as it brought a revolutionary change by helping people to work online without any geographical barrier, this revolution has also brought some disadvantages. Cameroon has laid the legal foundation for protecting authors’ rights, but enforcement in the digital era remains fragile. But with targeted strategies and collaborative efforts, it is possible to create a more robust framework that protects the rights of creators. Strengthening enforcement mechanisms, raising awareness, updating legal frameworks, fostering international cooperation, and promoting innovative licensing models can collectively address the multifaceted issues of copyright in the digital age. Protecting copyright is not merely a legal necessity; it is essential for nurturing innovation and fostering a vibrant cultural landscape in the digital era. By empowering creators and safeguarding their rights, Cameroon can ensure that the digital revolution benefits all stakeholders in the creative economy, ultimately contributing to a more inclusive and dynamic society. Protecting authors’ rights is not only about safeguarding economic interests, it is about preserving Cameroon’s cultural identity and ensuring that creativity continues to thrive in the digital age. To help publishers and content creators secure their rights, new tools and technologies are now readily available. The difficulties posed by the digital age can be resolved by putting in place safeguards like digital rights management, watermarking, and educating users on copyright rules.
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Footnotes
1. Digitalization is a technical process of converting analog streams of information into a digital bit that has discrete and discontinuous values or is based on two separate states. See Kohont., A. (2018). “Conceptualization Of Digitalization: Opportunities and Challenges for Organizations in The Euro-Mediterranean Area”. Volume 12. Number 2. Pp.95.
2. Rod Falvey & Neil Foster., (2006). “The Role of Intellectual Property Rights in Technology Transfer and Economic Growth’’: Theory and Evidence, In Cooperation with Olga Memedovic United Nations Industrial Development Organisation(Undo), Available At: https://www.unido.org/site/default/files/2009-04 / the- role- of- intellectual- property- rights- in- technology- transfer. Last access on the 13/11/2023.
3. Rahman, Z., (n.d) “Enforcing Copyright on Online Streaming Platforms: Challenges Faced by Rights Holders in the Digital Era”. International Journal for Multidisciplinary Research. Vol. 5. Issues 5.P. 2.
4. Ibid,
5. Section 327 of the Cameroon Penal Code Law No. 2016/007 Of 12 July 2016.
6. Section 13(1) of the Cameroon Copyright Law
7. Sterling, J. A. L. (2003). World copyright law (2nd ed., p. 366). Oxford University Press.
8. Section 17 (1) of the Cameroon 2000 law.
9. World Intellectual Property Organization. (2001). World intellectual property handbook: Policy, law and use (WIPO Publication No. 489(E)). Geneva: Author.
10. Paris Act, 1971) provides that: “ (1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works in any manner or form.”
11. Ficsor, M., (2003). Guide to the copyright and related rights treaties administered by WIPO. Geneva: World Intellectual Property Organization.
12. U.K. Copyright, Designs & Patents Act 1988, Section 17; Indian Copyright Act 1956, Section 14; U.S. Copyright Act 1976, Section 102.
13. Section 18 of the 2000 law on copyright and neigbouring rights.
14. Section 16 of the 2000 law on copyrights and neighbouring rights.
15. Berne Convention, Article II.
16. Universal Copyright Convention, Article IV bis.
17. Section 16(1b) Of The 2000 Law of Copyright and Neighbouring Rights in Cameroon.
18. Section 16(1c) Of The 2000 Law of Copyright and Neigbouring Rights in Cameroon.
19. Berne Convention, Article II bis.
20. Universal Copyright Convention, Article IV bis.
21. https://www.simpsons.com.au/documents/visarts/visarts89/8MoralRi.pdf, last accessed on 8 July 2025.
22. Lionel Bently & Brad Sherman, Intellectual Property Law 231 (2ND Ed. 2004).
23. Article 1 Relation to the Berne Convention states: “(4) Contracting Parties shall comply with Articles 1 to 21 and the Appendix of the Berne Convention.
24. The Bangui agreement was signed in Bangui o March 2, 1977, relating to the creation of the African Intellectual Property Organization (OAPI), a revision of the agreement related to the creation of the African and Malagasy industrial property office signed on September 13, 1962. The agreement was revised in February 1999 to meet the prescriptions of the Agreement on the Trade Related Aspect s of trips, 1994. Today, it is a regional grouping of fifteen mostly French-Speaking African states and has its headquarters in Yaoundé, Cameroon. The main objective of the OAPI is to have a uniform system of the protection of intellectual property rights within the national framework of member states.
25. Article 1 of the Bangui agreement.
26. The OAPI is an organization mainly composed of francophone jurisdiction, namely: Benin, Burkina Faso Cameroon, Central Republic , Congo, Cite D’lvoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Chad, Mali, Niger, Senegal, Togo, and Mauritania. The main objective of its creation was to encourage member states to collaborate, build networks and share common resources. Retrieved at http://inventa.com/ip-news-insight/opinion/bangui-agreement-sumarry-essential-changes . Accessed August 6 2025.
27. section 80(a) of the 2000 Law on Copyright and Neighbouring Rights.
28. section 80(b) of the 2000 Law on Copyright and Neighbouring Rights.
29. Section 82 of the 2000 Law on Copyright and Neighbouring Rights
30. Section 82(2)of the 2000 Law on Copyright and Neighbouring Rights
31. Was enacted in two instances, book 1 was passed in 1965 and book 2 in 1967. The two books of the code preceded both the Bangui agreement which as started earlier was signed on march 2, 1977 and revised on February 24, 1999 and the 2000 copyright law which saw the light of day in the year 2000.
32. Cameroon Penal Code, section 327 (1)(a)
33. Cameroon Penal Code, section 327 (1)(b).
34. ibid
35. Collective Management of Copyright and Related Rights, supra, 6.
36. Ibid.
37. Section 75 (2) (3) of Cameroon 2000 law on copyright and neigbouring rights.
38. Nico Halle & co law firm; copyright and neigbouring rights in Cameroon.
39. Nkeng à Nkeng, J. C. (2010). Piraterie ou contrefaçon des oeuvres musicales: facteurs explicatifs, modes opératoires et impact sur les artistes musiciens à Yaoundé (Master’s thesis). University of Yaoundé I.
40. Avah, M. F. (2011). The effectiveness of the protection of literary and artistic property rights (Master’s thesis, University Cheikh Anta Diop, Dakar, Master’s in Notarial and Processual Economic Law).
41. Article 64 of the Bangui Agreement.
42. 3 Article 85 of Law No. 2000/011 on Copyright and Neighbouring rights,19/12/2000.
43. Ibid.
44. Auma, W. O. (2017). Copyright in the digital age: An assessment of Kenya’s legal and institutional framework for the protection and enforcement of copyright. (Master’s thesis). University of Nairobi, School of Law.
45. Section 327 of the Cameroon penal code.
46. Http://Www.Tblaw.Com/Digital-Copyright-Infringement-Challenges-And-Solutions/ Accessed September 22nd 2025.
47. Eziengwo, A. G., (2022). Rethinking The Nomenclature Surrounding the Collection and Management of Royalties Under the Cameroonian Copyright Law: The Quest for Questioning the Various Challenges Besetting Its Effectiveness. International Journal of Civil Law and Legal Research. 2(2): 01-07.
48. Bainbridge, D.I., (2007). Intellectual Property. The University of Birmingham Information Services. 6th Ed. Pp. 801.
49. Cheryl, B., (2001). Copyright Act Plain & Simple. Franklin Lakes, NJ: Career Press.