Entertainment Law at Togo
Togo's entertainment industry is primarily governed by Law No. 91-12 of June 10, 1991, which addresses the protection of copyright, folklore, and related rights. This legislation establishes the legal framework for safeguarding the intellectual property rights of creators in Togo.
Key Provisions of Law No. 91-12:
Definition of Works and Folklore: The law categorizes "works of the mind" to include literary and artistic creations, and specifically defines "folklore" as literary and artistic productions created in Togo by anonymous or forgotten authors, passed down through generations, and constituting a significant part of the national cultural heritage.
Protection Duration: The protection of authors' rights lasts for the lifetime of the author plus fifty years after their death.
Management of Rights: The Bureau Togolais du Droit d’Auteur (BUTODRA) is the official body responsible for managing and protecting authors' rights in Togo. BUTODRA oversees the collection and distribution of royalties, combats piracy, and ensures that artists receive fair compensation for the use of their works.
Performance Contracts: The law outlines the requirements for performance contracts, stipulating that entertainment managers must obtain prior authorization and pay the relevant royalties to authors. It also specifies the obligations of entertainment managers, including declaring performance programs, providing revenue documentation, and ensuring that performances respect the intellectual and moral rights of authors.
Public Domain Works: Upon expiration of protection terms, works enter the public domain. The exploitation rights of such works are managed by BUTODRA, which grants authorizations for public performance and reproduction, collecting royalties that are used for cultural and social purposes benefiting Togolese authors.
Recent Developments:
In November 2015, Togo's penal code was amended to enhance penalties for copyright infringements. The revisions increased detention periods to 1-2 years and fines ranging from 1,500,000 to 3,000,000 XOF, aiming to strengthen the enforcement of intellectual property rights and deter piracy.
Role of BUTODRA:
BUTODRA plays a crucial role in the Togolese entertainment sector by:
Collecting royalties from users such as bars, restaurants, nightclubs, and media outlets that publicly perform or reproduce copyrighted works.
Distributing royalties to registered authors, composers, performers, and other rights holders.
Combating piracy through regular raids and collaborations with security forces to seize counterfeit copies and protect the interests of creators.
Challenges:
Despite these legal frameworks and enforcement efforts, challenges persist, including:
Ensuring transparency in the distribution of royalties.
Addressing grievances from artists regarding the management of their rights and earnings.
Combating the widespread issue of music piracy, with reports indicating that nearly 10,000 pirated copies are released into the market monthly.
For comprehensive and current information on entertainment law in Togo, consulting official government sources or seeking legal advice from professionals specializing in Togolese intellectual property law is recommended.
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