Lack of recording studios hinders growth

The chief executive officer of the Lesotho Copyright Society of Authors and Artists (LESCOSAA), ‘Makhukhumala Kama, says lack of recording studios in the country negatively affects the contribution of copyright to the economy.

Kama said this at a one-day workshop aimed at discussing salient features of copyright and general intellectual property system and how that system could be utilised effectively for the benefit of the people.

LESCOSAA is a collective management organisation established by the Copyright Order of 1989. It started operating in 2021 when its secretariat was established.

The government of Lesotho, in line with the National Strategic Development Programme II (NSDP II), identified the creative industry as one of the key pillars for inclusive economic growth and private sector-led job creation, and LESCOSAA was established as part of the implementation of this national objective.  However, a low level of awareness is still a major challenge in Lesotho.

Copyright is a set of legal rights granted to creators of original literary and artistic works. Based on incentive theory, these legal rights are exclusive in nature and they comprise moral and economic rights.

Kama said the mandate of LESCOSAA is to protect and promote the interest of authors, artists, and performers who are its members.

“These include the rights of authors of musical works, literary works, audiovisuals, and publishers. We have equitable remuneration rights of performers on one hand and phonogram producers on the other hand. By the sheer size of our potential repertoire, we have a better chance to achieve economies of scale within a shorter period of time, and make an impact on the people we seek to serve.

“The second component of LESCOSAA’s mandate is to license, collect, and distribute royalties accruing from the use of our members’ works in defence of their economic interests,” Kama noted.

She stated that in countries where the copyright system – in which authors and artists get paid when their works are used – functions quite well, economies are booming. Developed countries remain leaders in that area which continues to widen the gap between rich and poor countries.

Kama added that concerted efforts are required to change the narrative by capitalising on the reach talent of Basotho and capturing opportunities offered by the copyright system for a meaningful economic transformation. First, by raising awareness, encouraging creative activities, and promoting legal access to creative goods and services.

 “There is plenty talent in the country but we depend on facilities in South Africa for recording, and by doing so, we export employment opportunities to that country and give our content foreign originality. If we want to transform our economy, we have to change how we do things.

“In South Africa the contribution of copyright-based industries contributed 4.1 percent copyright to the economy, more than the 2.5 percent of agriculture. This shows that we have also contributed because we use this industry to record our work. Most of our works have foreign nationality because it was recorded outside the Lesotho. So, what do we need to do is to have proper recording studios in the country, there is a need for investment in this sector.

“Licensing provides legal access and use of copyright works to the users and offers them a better chance to operate their businesses ethically and be good corporate citizens. The third component of LESCOSSA is a registry function where the law mandates us to register the works and productions of our members and their associations. Registration is important not only for the purposes of collection and distribution of royalties but also serves as a national record of the work,” she said.