For a moment there we were not sure who reads this and then, boom, we started getting requests for various topics from all kinds of people.
One of those requests asked for clarity on the difference between economic and moral rights when it comes to copyright.
Here goes: Imagine a young songwriter in Omuntele named Tuli. She writes and composes a brilliant Afropop track featuring traditional Oshindonga lyrics.
The song becomes a massive local hit. Everyone is playing it. At this point, copyright law steps in to protect Tuli. The law divides her control over the song into two distinct categories. These are economic rights and moral rights.
Economic rights are entirely about money and commercial control. Because Tulinane (her full name) created the music, she has the power to decide who exploits her work for profit.
Under economic rights, Tuli holds what the law calls exclusive rights. If a large telecommunications company, for example TN Mobile, wants to use her song for a television commercial, they must get her permission first.
Tuli can say yes and even demand a fee, or she can just refuse it altogether. In an ideal world, she controls the terms.
However, Tuli cannot physically approve every single time her song gets played at a local shebeen or on national radio. This is where remuneration rights come in. Music users like radio stations or event promoters simply pay a blanket licence fee to a collective management organisation such as the Namibian Society of Composers and Authors of Music.
Tuli does not need to authorise these individual plays one-on-one.
The chief marketing officer collects the money and passes it on to her. Economic rights apply to songwriters, performers and the record producers who funded the studio time. Because these rights are basically financial assets, Tuli can also transfer or sell her exclusive rights to a music publisher to manage. It must just be done on paper to ensure that there is no confusion.
But money is not everything. Tuli wrote her hit song based on a deeply personal story about her ‘kuku’.
Her song lyrics speak of “give me the number to heaven, I want to speak to my kuku”.
This is possibly why TN Mobile wants to use the song to promote their voice packages saying “stay in touch beyond the grave”.
This is where moral rights protect her. Moral rights defend the identity, reputation and integrity of the creator. When compared to economic rights, moral rights usually cannot be sold or transferred. They stay with the creator.
Moral rights give Tuli two main powers. The first is the right of attribution. Attribution is all about her right to be known as the originator and creator of the song. People cannot just pass the song off as their own or leave her name off the record. The second is the right of integrity, which allows Tuli to say no to any changes or uses that disrespect her original work.
Remember that this is a song about her loved one, and if TN Mobile wants to use it, it must not be used in a manner that makes her feel that her grandmother is being disrespected.
Here is a different example: Let’s imagine that a local political party decides to use Tuli’s song for a controversial campaign, or a producer remixes the track with offensive lyrics. If it turns out that Tuli feels this adaptation damages her reputation or ruins the spirit of her work, she can stop it. She can simply refuse to provide a moral rights clearance.
It might be that she had already sold the economic rights, but she still holds the power to block disrespectful distortions of her art.
Basically the system ensures balance. The economic rights give the creator the right to be paid for copying, broadcasting or performing his or her work. Wherever the music might land , moral rights protect the reputation and dignity of the creator in public.
Tuli needs both to survive and thrive in the music industry.
As we strive to spread a good general understanding of these matters, be advised to consult a legal mind for advice on the specific details in your scenario.
That is because every dispute has details that need a nuanced approach.
