ABSTRACT

This project deals with the protection of Copyrights in Cameroon. Although the Government has enacted laws regarding protection of copyrights, the study reveals that enforcement and implementation of these laws are not wholly effective. This is due to deliberate disrespect of the law, a situation that is encouraged by weak enforcement mechanisms.

The general research question was “how are Copyrights protected in Cameroon”. Specifically, the research sought to determine the substantive and institutional framework for the protection of Copyrights and the shortcomings to the implementation of Copyrights in Cameroon.

This study reveals that Copyrights in Cameroon are protected by substantive mechanisms as well as institutions, and both provide a good legal framework for the protection of Copyrights in Cameroon; however, ineffective enforcement of the copyright law has contributed to Copyright infringement and poor living conditions of artist nationwide.

The study therefore recommends that the state authorities should implement Copyrights consistently. It should be consistent in the sense that actions in the field by organs like National Committee for Fight Against Piracy should be continuous. This will help in that the continuous seizure of the counterfeits and equipments used to produce them will stop the violation.

Mass education and the creation of awareness, especially for the actors of this sector as well as those consuming Copyrighted products.

CHAPTER ONE
GENERAL INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Intellectual property, very broadly, means the legal rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields1 . Intellectual property law aims at safeguarding creators and other producers of intellectual goods and services by granting them certain time limited rights to control the use made of those productions. Intellectual property is traditionally divided into two branches, “industrial property” and “copyright”2 Copyright is a property that arises from the human intellect.

It is a product of human creation. The rationale for protection of copyright is to stimulate and promote further creativity. Copyright also ensures certain minimum safeguards of the rights of Creators over their works thereby rewarding creativity. Most importantly, the protection provided by the copyright to artist, creates an atmosphere conducive for creativity that induces the artist to create more3 as well as motivating other aspiring artist to join the industry and create more literary and artistic works. Copyright plays an essential role in any developed society.

If society is to recognize, creativity, innovation and imagination, then copyright is the principal tool by which we accord such recognition. This is economically expressed by the award of a range of exclusive rights that grant the creator or authors the power of control and the right of commercial exploitation of their works4.

Every time you listen to music on the radio, you are listening to the result of several contracts involving copyright. The list is endless. Whether you are a musician, a manager, a publisher, a record company executive or an entertainment industry lawyer, your income is based largely on copyright. For the above reasons, it is necessary to spend quality time in understanding the basics in order to maximize rewards resulting from copyright5 .