Manage Your Content Boundaries to Avoid Infringement Penalties

Manage Your Content Boundaries to Avoid Infringement Penalties

For the past two decades, Uganda’s copyright framework operated under the 2006 Act. However, the digital age exposed significant gaps, leaving artists vulnerable to exploitation and plagiarism often unchecked. The new law, which came into effect following President Museveni’s assent in April 2026, addresses these gaps by introducing stiffer penalties and modernized protections.

But what does this mean for the average Ugandan? Where do we draw the line?

The High Cost of Infringement

The first and most glaring update is the cost of crossing the line. The 2026 Act drastically increases penalties for copyright infringement to deter infringement. Offenders now face fines of up to UGX 50 million and imprisonment of up to 10 years, or both.

This isn’t just about physical piracy anymore. The law specifically targets digital violations, including unauthorized streaming and the circumvention of digital locks. It empowers rights holders and the Registrar of Copyright to issue takedown notices to online platforms, forcing them to remove infringing content quickly. If you are a blogger, podcaster, or YouTuber, using a clip, song, or image without permission is no longer a minor oversight; it is a direct legal risk.

The “Fair Use” Dilemma: How Much is Too Much?

While the law is strict, it does not entirely prohibit the use of copyrighted material. The concept of “fair use” (or “fair dealing”) remains, acknowledging the need for education, criticism, and news reporting .

However, the new law establishes a clearer perimeter. Section 46 of the Act specifies that infringement is “not actionable unless the infringement involves the whole piece of work or a substantial part of the work”. To further quantify this, the law restricts the copying of published works: only a small portion—up to 5%—may be copied at any one time or within a period of three months without a license.

If you are preparing a lecture or writing a news article, you may copy 5% of a book or article for reference. However, reproducing a 15% chapter or copying a full song for your podcast likely crosses the line into “substantial part,” leaving you liable.

Mandatory Contracts and the 20-Year Rule

A significant change addresses the exploitation of creators. Under the old law, artists often signed away their rights in perpetuity, sometimes without proper written agreements. The 2026 Act mandates that all assignments and licenses must be in writing and clearly state payment terms; otherwise, they risk rejection by the Registrar .

Furthermore, the Act introduces a 20-year limitation on copyright assignments and licenses. This means you cannot permanently sign away the rights to your song or book for a one-time payment. After 20 years, the rights automatically revert to the original author. This ensures that creators can regain the economic benefit of their work later in their careers, providing a safety net against predatory contracts.

The “Fair” Use of “Orphan Works”

What happens if you want to use a work but cannot find the owner? The 2026 Act introduces the concept of “Orphan Works” into Ugandan law. These are creative works whose owners cannot be located. The law allows these works to be used legally upon obtaining a license. If the owner later emerges, their rights are restored. This provides a legal pathway for access to old or obscure materials without fear of infringement, provided you go through the proper licensing channels with URSB.

The “Public Performance” Trap

For business owners, the line is drawn clearly at “public performance.” The law states that when music or audiovisual content is commercially played or broadcast in a public place, payment must be made to the performers and producers. The definition of a “public place” under the Act is broad, covering “cinema, concert, bars, clubs, sports grounds, holiday resorts, restaurants, banks or other commercial establishments”.

If you are an event manager playing music through a speaker system or a hotel streaming music for guests, you are legally required to pay royalties. The new system aims to enforce this by enabling Collective Management Organizations (CMOs) to collect and distribute royalties based on actual usage. This shifts the game, ensuring creators earn whenever their work is played commercially.

Exceptions for Accessibility

It is also important to note where the line bends toward inclusivity. The new law has fully domesticated the Marrakesh Treaty, allowing works to be converted into Braille, audio, or other accessible formats for persons with visual impairments without constituting infringement. Organisations such as the Uganda National Association of the Blind (UNAB) are now legally permitted to produce and distribute materials in accessible formats, balancing copyright with the constitutional right to education for persons with disabilities.

Summary of Key Line-Drawing Questions for Creators & Users

When in doubt, ask yourself these questions to determine if you have crossed the line:

• How much are you using? A 5% limit exists for copying; “substantial” parts are prohibited without permission.
• Is it public or private? Private use is protected, but public broadcasting or performance, especially for commercial gain, is regulated.
• Did you pay for it? If you are using the work commercially (bars, radio, YouTube), you likely need a license or you are infringing.
• Do you have a written contract? If you are transferring rights, the contract is mandatory and must be registered within 60 days .
• Have you signed your rights away forever? The law caps assignments at 20 years, so you cannot sign away your rights permanently .

The Copyright Act 2026 is a powerful tool for protecting intellectual property in Uganda. While it offers new avenues for creators to monetize their work, it places a significant burden of responsibility on users of content. Whether you are a journalist, educator, musician, or business owner, understanding where to draw the line is essential to avoiding severe penalties and contributing to a fair creative economy.