The Collecting Society of The Gambia (CSG), established in 2004 under the Copyright Act, was envisioned as a crucial institution for protecting the rights of Gambian creators by collecting and distributing royalties. However, since its inception, the CSG has failed to fulfil its mandate. This stagnation not only undermines the livelihoods of creators but also represents a missed opportunity for national economic growth. A detailed examination of the CSG’s challenges, the rise of content creation in The Gambia, and the potential benefits of an operational royalty system underscores the urgency of reform.
Challenges faced by the CSG
The CSG’s inability to collect royalties stems from systemic issues. Foremost among these is the lack of funding. Being largely self-reliant, the organisation has struggled to establish a functioning secretariat, which is essential for engaging stakeholders, managing operations, and enforcing compliance. Without sufficient resources, the CSG cannot implement even the most basic mechanisms for royalty collection.
Compounding this issue is the lack of governmental support. While the CSG has made efforts to seek assistance, including attempting to engage directly with the President, these efforts have borne little fruit. The National Centre for Arts and Culture (NCAC) had prepared a budget proposal for the establishment of a CSG secretariat, but this was neither approved nor followed up diligently. Similarly, the Ministry of Tourism and Culture was reported to have presented a cabinet paper on the CSG, but this initiative also failed to come to fruition. These missed opportunities, combined with a general lack of proactive intervention from key institutions and stakeholders, have left the CSG isolated and under-resourced, unable to address its operational challenges effectively.
Public awareness also remains a critical challenge. Many Gambian creators and users of copyrighted works are unaware of the rights and responsibilities associated with copyright law. This ignorance makes it difficult for the CSG to engage with copyright holders and enforce compliance from businesses that utilize creative works.
Finally, the enforcement of copyright laws in The Gambia is weak. Without penalties for infringement or a dedicated enforcement agency, businesses and individuals have little incentive to comply. This lack of enforcement further erodes the value of copyright protections and the viability of the CSG.
The rise of content creation in The Gambia
Despite the CSG’s stagnation, The Gambia has seen a surge in content creation, driven largely by digital platforms like YouTube, TikTok, Facebook, Instagram and Spotify. These platforms allow Gambian creators to share their work with global audiences, presenting new opportunities for income generation. However, the lack of a functioning royalty system in The Gambia prevents creators from fully benefiting from their intellectual property.
Creators face significant challenges, including reliance on upfront payments, live performances, or sponsorship deals. These income sources are often unsustainable and insufficient for creators to invest in their craft. Moreover, the absence of copyright enforcement discourages many from pursuing creative careers, stifling innovation and the growth of a competitive creative industry.
The potential for creators and the government
An operational CSG holds transformative potential for both creators and the Gambian government. For creators, the collection and distribution of royalties would provide a steady income stream, incentivising greater participation in the creative economy. Creators would also gain confidence in their ability to protect and monetize their work, fostering innovation and cultural expression.
For the government, the benefits are equally compelling. Royalties represent taxable income, and an active royalty collection system could contribute significantly to national revenue. Additionally, a thriving creative industry would align with broader economic goals, such as attracting tourism and investment. A robust copyright framework would also enhance The Gambia’s international reputation, potentially opening avenues for trade and cultural exchanges.
Recommendations for reform
To address the CSG’s challenges and unlock its potential, several steps are necessary. First, the Gambian government must provide immediate financial support to establish a functioning secretariat for the CSG. This investment would enable the organisation to build the infrastructure needed for royalty collection and stakeholder engagement.
Second, public-private partnerships should be leveraged to support the CSG. Collaborations with telecommunication companies, broadcasters, and digital platforms could streamline the collection process and fund awareness campaigns about copyright issues.
Third, a concerted effort is needed to raise public awareness of copyright laws. Partnering with local media, creators, and education institutions can help educate creators and businesses about the importance of copyright and the obligations it entails.
Fourth, legislative and enforcement measures must be strengthened. The government should prioritize passing the stalled Copyright Amendment Bill currently before the National Assembly. This new bill seeks to allow the establishment of private collective management organizations (CMOs) alongside the existing CSG and proposes transferring their supervision from the Ministry of Tourism to the Ministry of Justice, where the Intellectual Property (IP) Office is located. However, the bill has become a point of contention, causing friction between the National Centre for Arts and Culture (NCAC) and the IP Office at the Ministry of Justice.
While the CSG has expressed dissatisfaction with the lack of support from its current line ministry, it also opposes the introduction of private CMOs, arguing that such a move would create unnecessary confusion among creators. The CSG maintains that the priority should be strengthening the current CSG as the primary CMO. Once it becomes fully functional, the system can be expanded to include specialized CMOs for distinct creative sectors, such as musicians and music producers, writers and publishers, and filmmakers.
Passing the amended Copyright Act and resolving the institutional disputes would send a strong signal that The Gambia is serious about protecting intellectual property rights. Additionally, stricter penalties for infringement and a dedicated enforcement body would bolster compliance and ensure creators receive the protections and royalties they deserve.
Finally, the CSG should embrace digital solutions to simplify royalty collection. Automated systems linked to broadcasters and streaming platforms could ensure that creators are compensated fairly and efficiently. A centralized database of Gambian copyright holders and their works would further streamline operations.
Conclusion
The CSG is a vital institution for safeguarding the rights of Gambian creators and promoting cultural and economic development. However, its current state of dormancy undermines its mission and stifles the creative sector. Urgent action is required from the government, private sector, and international partners to address the CSG’s challenges. By revitalizing the CSG, The Gambia can empower its creators, enhance its cultural heritage, and unlock new revenue streams for sustainable growth. The benefits of such reforms extend far beyond the creative industry, fostering a vibrant, innovative, and economically resilient natio
