THE ministry of commerce, industry and trade is actively registering creatives through its Intellectual Property department to ensure fair compensation for public use of their works.
In a significant development for Eswatini’s creative industry, the ministry has implemented comprehensive measures to protect and manage creative rights. The initiative coincided with the Eswatini Copyright and Neighbouring Rights Society’s (ESWACOS’) commencement of data collection for music licenses on April 1.
According to the portfolio committee report of the ministry of commerce, copyright tariffs for public events were successfully negotiated to ensure equitable royalty payments. The department expanded its focus to include digital copyright protection, accessible publishing for visually impaired individuals, and enhanced rights for performers in recorded and broadcasted content.
Additionally, young entrepreneurs received targeted support in branding their music businesses to improve market visibility. ESWACOS Executive Director Mmeli Hlanze emphasised the crucial role of the Intellectual Property Department in safeguarding creative and industrial innovation through the implementation of the Copyright and Neighbouring Rights Act No. 4/2018.
He said the commitment to regular interaction with broadcasting stations was designed to ensure that all music played was accurately reported, particularly that of local artists.
The groundwork for this initiative was laid during a public presentation held on November 5, 2024 at the Hilton Garden Inn, where various stakeholders were consulted. Hlanze noted, “After the draft was presented to the public, there were various consultations with stakeholders. The submissions were compiled and submitted.” He said this collaborative effort would result in a more structured and supportive framework for artists in the country.
He added that once the music tariffs were finalised and approved, ESWACOS will begin the collection and reporting process for royalties, including payment mechanisms. Hlanze emphasised the importance of transparency in this process, stating, “It is essential for broadcasters to inform ESWACOS about the music they are playing on air, especially when it involves local artists.
This accountability will enable ESWACOS to make accurate calculations and distribute royalties fairly.” The organisation plans to apply a post-payment method after collecting initial data. Hlanze explained, “We will be applying the post-payment method as we still need to collect data first.”
He said the collections for music usage was slated to occur quarterly, with the first invoices sent out after the initial quarter based on the captured data.
Hlanze reiterated ESWACOS’ mission to ensure that creators receive fair remuneration for their works. “As the ESWACOS moves forward with its plans for tariff finalisation this month, local artists can anticipate a more structured and supportive framework for the protection of their rights,” he added.
He noted that the commitment to transparent and efficient royalty collection aims to bolster the economic interests of copyright holders.
By protecting copyright and neighbouring rights, Hlanze said ESWACOS strives to promote innovation, creativity, and economic growth within Eswatini. Hlanze concluded, “Through effective licensing agreements and transparent collection processes, ESWACOS is poised to empower creators and enhance the overall creative landscape in Eswatini.”
He said artists could look forward to the distribution of music royalties by the 2025/26 financial year, marking a monumental step towards enabling them to earn a living from their creative works.
