Piracy is a scourge worldwide, and that's the music variety we are talking about. Africa is no exception and in a continent where rhythm and voices color every part of daily life it needs urgent attention. In order to highlight the plight of authors and artists who make a living from music who suffer from copyright infringement and share what those rights are, an international forum was held in Yaoundé, Cameroon from August 24 to 25.

The event was organized by the NGO Help Musician Association, fronted by African music legend Ekambi Brillant, formerly based in the United States. This event also served as a platform to edify the authors of musical works in particular and those of other creative works in general on the need for strict enforcement of law against piracy and counterfeiting, without which livelihoods of artists cannot be improved.

"The flagrant disrespect of the conventions on protection of copyright does not help the fight against piracy," said Brillant. He has called on the promulgation of more stringent laws to prevent piracy and safeguard the status of artists on the continent.

Brillant said that in Cameroon alone musicians and the state lose more than $12 million each year, in terms of copyright for the musicians and taxes for the state. He said that in African countries with bigger populations, more musicians were losing much more.

Apply the law

At the moment it is difficult to combat this phenomenon, for two major reasons. First, cracking the production networks and rooting out the main players in CD piracy is a major problem. The players are mobile, shifting locations at will, operate only at night, and often export their fake products, all of which makes it a difficult problem to solve. Pirates cross borders with ease and know how to evade customs control. Second is the low-income of most African consumers, which means they cannot afford to pay full price for an original CDs – usually retailing at between $20-$30 depending on the country. This squeezes cash strapped consumers to buy pirated CDs, irrespective of quality.

The phenomenon of piracy in Africa became a major problem since the technology boom some 15 years ago. To literally fight back, in Cameroon musicians go on field raids accompanied by police to seize fake CDs from roadside hawkers. These are then publicly burned to set an example to others. 

Female musician Rachel Tchoungui from Cameroon says the government does not make enough effort to help artists. "I think the problem lies in the application of laws. We must begin a new approach, by training people to change their mentalities, raise awareness to get involved in the fight against piracy. If there is no penalty the phenomenon of piracy will continue to thrive.  And if the state remains a spectator in confronting to this phenomenon, nothing will change. I think it is the role of government to enforce laws to bring everyone to order," she told ChinAfrica.

This view is shared fully by Brilliant, who thinks that the only way to effectively fight against piracy and counterfeiting is the applicability of the law.

Political will

Piracy begins and ends with supply and demand. And it is the sellers who turn the wheels. For some sellers found on the streets of African capitals such as Lagos (Nigeria), Douala, Yaoundé (Cameroon), Bangui (CAR), N'Djamena (Chad) or Brazzaville (Congo), the reaction is relatively the same. They believe their role is just limited to the sale and nothing else. Others say they are holders of university degrees but cannot find work. By selling CDs, they can make a living for themselves and their families.

Some sellers say they only sell pirated CDs of foreign musicians, not those from their own country. But this argument is still flawed, as these sellers are just as guilty, said international lawyer Bernard Keou. "Internationally, more than 100 countries in Africa and other countries have ratified the conventions for the protection of copyrights. In that case, the signatory states to these conventions have the obligation and duty to protect both the works of local and foreign musicians without exception."

In legal terms, everything is done to track down the perpetrators of these illegal acts, said Keou. "You see that in most African capitals pirated goods are sold on the roadside in view of everyone. But nobody says anything. So I think we need the political will to make the phenomenon of piracy disappear," he said.

Participants of the Yaoundé forum called for tougher anti-piracy laws while also suggesting creating a special police service (continent wide) dedicated to combating counterfeiting and piracy. Brillant said the collective National Assemblies of Africa have to all come to the table to eradicate piracy as it not only affects culture but also creative works.

  (Reporting from Cameroon)