CHAPTER ONE

GENERAL INTRODUCTION

• Background of The Study

The evolution of intellectual property (IP) law, particularly copyright and neighboring rights, has been a defining feature of modern legal systems across the globe. The foundational shift began in the early 18th century with England’s passage of the Statute of Anne in 1710, which is widely regarded as the first modern copyright statute. Before this legislation, creative works were often treated as the property of publishers or the Crown, with little to no protection granted to the original authors. The Statute of Anne reversed this dynamic by granting authors the exclusive rights to print and distribute their works for a defined period, introducing the revolutionary concept that the creator and not the distributor was the rightful owner of a work [1]. This legislative innovation laid the groundwork for what would become a robust and evolving global system of copyright protection.

The Statute of Anne was more than a national legal development it was a conceptual shift that influenced international legal thinking. Over time, the rapid advancement in printing technologies and the proliferation of books and other creative works underscored the importance of standardizing protection across borders. The 1886 Berne Convention for the Protection of Literary and Artistic Works became the first major international treaty to address this need. Under the Berne Convention, member states agreed to provide automatic protection for authors without requiring formal registration and extended this protection to both nationals and foreigners under the principle of national treatment. This marked the beginning of a coordinated international effort to safeguard the rights of creators globally[2].

As global media expanded, especially through the 20th century, further instruments were adopted to protect emerging forms of creative expression. The Rome Convention of 1961 was crucial in addressing what came to be known as neighboring rights. These included the rights of performers, phonogram producers, and broadcasting organizations—categories that had not been fully protected under earlier treaties. These developments recognized that creative works were not just literary and artistic; they also encompassed audio recordings, live performances, and broadcast transmissions, each of which warranted specific legal protection[3].

The global legal architecture for copyright continued to expand with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), established in 1994 under the auspices of the World Trade Organization (WTO). TRIPS marked a decisive moment in copyright evolution by linking intellectual property rights to global trade, thereby increasing their enforceability. It required all WTO member countries to implement minimum standards of IP protection, including copyright and neighboring rights. Further complementing TRIPS, the WIPO Copyright Treaty (WCT) of 1996 responded directly to the rise of digital media and the internet. The WCT introduced provisions that addressed digital distribution, technological protection measures (TPMs), and rights management information, thereby signaling a shift in focus toward the digital environment[4]. While these international conventions established broad standards, each country faced the unique task of implementing them within its legal, historical, and socio-political frameworks. In Cameroon, the development of copyright law has been significantly shaped by the country’s colonial past and its dual legal heritage. Under French colonization, the territory that is now Cameroon applied French legal principles, including those concerning intellectual property. In British Southern Cameroons, common law principles were more influential. This bifurcated legal system resulted in two distinct frameworks that posed a substantial challenge when Cameroon gained independence in 1960 and reunified in 1961 [5].

In the years following reunification, the Cameroonian government embarked on a series of legal reforms to harmonize its laws and establish a coherent national copyright regime. Ordinance No. 73/17 of 22 May 1973 marked the first legislative effort to provide legal protection for authors, artists, and composers. While this ordinance was a foundational step, it had significant limitations, particularly in its narrow scope and lack of provisions for emerging rights such as those of performers and producers. It was also ill-equipped to handle the coming wave of digital technologies that would revolutionize the way creative works were produced and distributed[6].

To address these deficiencies, the government enacted Law No. 2000/011 of 19 December 2000 on Copyright and Neighboring Rights. This law remains the principal legal framework for copyright protection in Cameroon today. It substantially expanded the scope of protection by including moral and economic rights for creators and explicitly recognizing the rights of performers, phonogram producers, and broadcasters. Moreover, the 2000 Law aligned Cameroonian copyright law with major international treaties such as the Berne and Rome Conventions. However, despite these progressive developments, the law did not adequately address the challenges posed by digital technologies, especially the internet, digital reproduction, and online distribution[7].

The rapid advancement of digital technology has radically transformed the creation, distribution, and consumption of creative works. The internet, digital streaming platforms, social media, and peer-to-peer file sharing networks have created unprecedented opportunities for artists and consumers alike. However, they have also enabled widespread copyright infringement and digital piracy. In many cases, copyrighted works are shared, downloaded, and redistributed without authorization or compensation to the original creators. The consequences are severe: loss of revenue for artists and producers, diminished incentives to create, and weakened cultural industries[8].

In Cameroon, digital piracy has become an entrenched problem. Music albums, films, and books are routinely copied and distributed through informal markets, mobile phone transfers, and internet downloads. Social media platforms, often used to promote and share content, are also vehicles for unauthorized distribution. This situation is exacerbated by several factors: low public awareness of copyright laws, limited access to legal digital content, and weak enforcement mechanisms. Institutions tasked with overseeing copyright protection, has faced logistical and financial constraints that hinder its ability to effectively combat digital piracy[9]. Efforts to curb cyber-enabled copyright infringement have included the adoption of Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime. This law represents Cameroon’s most significant attempt to regulate conduct in cyberspace. It addresses issues such as data protection, online fraud, and unauthorized access to computer systems. However, the law does not provide a comprehensive framework for protecting copyright in the digital environment. Notably, it lacks specific provisions on technological protection measures (TPMs), digital rights management (DRM), and the circumvention of encryption technologies used to safeguard digital content[10].Globally, many countries have responded to these challenges by integrating cybersecurity measures into their copyright regimes. This has included the criminalization of actions that circumvent DRM tools, the recognition of watermarking and content-tracking technologies, and the imposition of obligations on internet service providers (ISPs) to take down infringing content. For instance, the United States’ Digital Millennium Copyright Act (DMCA) and the European Union’s Copyright Directive have set strong precedents for merging copyright and cybersecurity frameworks[11].

Cameroon stands to benefit significantly from adopting a similar integrated approach. Such reforms would involve amending existing laws to recognize and protect technological measures used by rights holders, criminalize the circumvention of such measures, and create a legal environment conducive to innovation and creative investment. These reforms would also align Cameroon with international best practices and facilitate greater participation in the global digital economy [12].

Additionally, Cameroon can draw valuable lessons from other African countries. Nigeria, for instance, has adopted a multi-pronged strategy that includes stronger legal frameworks, public awareness campaigns, and collaborations with tech companies to monitor and combat online infringement. South Africa has invested in enforcement capacity and launched educational initiatives to foster respect for copyright among youth and digital entrepreneurs. These regional examples demonstrate that with the right legal tools, institutional support, and stakeholder engagement, meaningful progress can be made[13].

Furthermore, the growth of creative industries in Cameroon—particularly music, film, and digital media—depends on a strong copyright enforcement system. Without adequate protection, creators are discouraged from investing time and resources in their craft, leading to a stagnation of the cultural economy. By incorporating cybersecurity measures, Cameroon can protect the rights of creators, stimulate cultural production, attract investment, and foster job creation in the creative sector[14].

In conclusion, the history of copyright law in Cameroon is marked by significant progress but also critical gaps, particularly in addressing the realities of the digital age. The integration of cybersecurity measures into copyright enforcement offers a strategic solution to these challenges. This study, therefore, seeks to explore how Cameroon can modernize its copyright framework by incorporating digital safeguards, strengthening institutional capacities, and aligning with international standards. In doing so, it aims to propose actionable legal and policy reforms that will ensure the sustainable protection of copyright and neighboring rights in the digital era.

• Statement of the Problem

The digital age has transformed the way creative works are produced, disseminated, and accessed, making it easier than ever to copy, distribute, and manipulate creative works in the digital space and across digital platforms. While this shift has expanded the global visibility of creators, it has also exposed the serious inadequacy of Cameroon’s existing legal framework in protecting copyright and neighboring rights in the online environment. The primary legal instrument, Law No. 2000/011 of 19 December 2000 on Copyright and Neighboring Rights, was enacted at a time when digital technologies were still emerging, and as such, it lacks the necessary provisions to address the current realities of widespread digital reproduction, online piracy, unauthorized broadcasting, and the circumvention of technological controls. Although Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime introduces measures to regulate cyber activities, it does not solely focus on copyright and neighboring rights and fails to provide adequate tools for dealing with digital infringements. This disconnection between copyright law and cybersecurity measures has resulted in a fragmented and outdated legal landscape that leaves creators vulnerable to the unauthorized use of their works within the cyberspace. Enforcement of copyright and neighboring rights has further been hampered by the absence of modern legal provisions on digital rights management (DRM) systems and technological protection measures (TPMs), which are essential for protecting copyright in the digital age. This gap is vividly illustrated in Sage v. MOZALE SARL (2014), where a company was found guilty of copying, installing and using unlicensed Sage accounting software. Although the court ruled in favor of the rights holder, the case exposed the legal system’s inability to proactively detect such violations, highlighting the lack of preventive digital safeguards and efficient monitoring mechanisms. Similarly, in SOCADAP v. Canal 2 International, the broadcaster illegally copied and aired musical and artistic works without obtaining proper authorization from management body representing the artists. This case demonstrated the limitations of existing enforcement structures in managing digital and broadcast rights, especially in real time. While various institutions and collective management organizations have attempted to respond to these challenges, their efforts are constrained by limited coordination, insufficient digital infrastructure, and the absence of strong legal backing. These issues collectively underscore that the primary challenge is not the digital age itself, but the failure of Cameroon’s copyright and neighboring rights legislation to evolve in response to the demands of digital technology. This study therefore seeks to critically appraise the current legal framework, identify its shortcomings and challenges in the protection of copyright and neighboring rights in the digital age, and propose targeted legal reforms that can effectively safeguard creative works in the digital era.

• Research Questions

This study is guided by one main research question and two specific research questions.

• Main Research Question

• To what extent does the law ensure the protection of copyright and neighboring rights in the digital age?

• Specific Research Questions

1. What are the categories of copyright and neighboring rights visible for protection under the copyright law in Cameroon?
2. What are the security measures put in place to protect and guarantee copy right and neighboring rights?

1. What are the challenges faced with the effective enforcement / implementation of the law on copyright and neighboring rights in Cameroon?
2. What are the recommendations to be put in place for the way forward?

• Research Hypothesis

The absence of adequate cybersecurity measures within Cameroon’s legal framework has significantly undermined the protection of copyright and neighboring rights in the digital era.

• Objectives of the Study

This study is guided by one main objective and two specific objectives, which correspond directly with the research questions stated above.

• Main Objective

• To Evaluate the extent to which the law ensures the protection of copyright and neighboring rights in the digital age.

• Specific Objectives

1. To examine the categories of copyright and neighboring rights visible for protection under the copyright law in Cameroon.
2. To analyze the security measures put in place to protect and guarantee copy right and neighboring rights?
3. To elucidate the challenges faced with the effective enforcement / implementation of the law on copyright and neighboring rights in Cameroon.
4. To explore the recommendations to be put in place for the way forward.

[1]Cornish W.R., (2013), “Intellectual Property: Patents, Copyrights, Trade Marks and Allied Rights,” London, Sweet & Maxwell, pp. 297–300

[2] Ficsor M., (2002), “The Law of Copyright and the Internet: The 1996 WIPO Treaties, their Interpretation and Implementation,” Oxford, Oxford University Press, pp. 45–67.

[3] Ricketson S. and Ginsburg J.C.,(2006) “International Copyright and Neighbouring Rights: The Berne Convention and Beyond,” Oxford University Press, pp. 249–262.

[4]World Trade Organization, “Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),”. www.wto.org [Accessed April 12, 2025].

[5] Ngole N. and Muna F.,(2001) “The Cameroonian Legal System: Historical Perspectives,” Yaoundé, CLE, pp. 142–156.

[6] Ordinance No. 73/17 of 22 May 1973 on Copyright in Cameroon.

[7]Law No. 2000/011 of 19 December 2000 on Copyright and Neighboring Rights in Cameroon.

[8]UNESCO,(2005), “Creative Industries and Copyright in Africa,” Paris, UNESCO Publishing, pp. 63–79.

[9] Cameroon National Copyright Commission (CNCC), Annual Report, 2020

[10] Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon.

[11] U.S. Copyright Office, “Digital Millennium Copyright Act (DMCA),” www.copyright.gov [Accessed April 12, 2025]

[12] European Parliament, “Directive 2019/790 on Copyright and Related Rights in the Digital Single Market,” eur-lex.europa.eu [Accessed April 12, 2025].

[13] Nigerian Copyright Commission, “Annual Review of Copyright Enforcement,” 2023. www.copyright.gov.ng [Accessed April 12, 2025].

[14]Tchetagou S.,(2021), “Cultural and Creative Industries in Cameroon: Legal and Economic Perspectives,” Journal of African Law, CUP, Vol. 61(2), pp. 210–229.