Mashariki Creative Economy Impact Investment Conference 2018

2ND MASHARIKI CREATIVE ECONOMY IMPACT INVESTMENT CONFERENCE REPORT OCTOBER 11-12, 2018 Held at British Council, Dar es salaam

2ND MASHARIKI CREATIVE ECONOMY IMPACT INVESTMENT CONFERENCE OCTOBER 11-12, 2018 HELD AT BRITISH COUNCIL, DAR ES SALAAM

List of Abbreviations ............................................................................................................................................i Executive Summary ........................................................................................................................................ 01

Contents 1.

Opening Session.........................................................................................................................................04

2.

High Level Panel 1 .....................................................................................................................................10

3.

High Level Panel 2 .....................................................................................................................................17

4.

Research Finding on IP Securitization.......................................................................................21

5.

High Level Panel 3 ....................................................................................................................................25

6.

High Level Panel 4 ....................................................................................................................................29

7.

Conversation with a Banker and Impact Investor...........................................................33

8.

CDEA Guarantee Fund Pitch to EADB......................................................................................36

9.

World Cafe Notes...................................................................................................................................... 38

10.

Closing Remarks ........................................................................................................................................44

11.

Action Points and Recommendations .....................................................................................47

12.

Biographies of Panelists and Moderators ............................................................................50

List of Abbreviations ARIPO

African Regional Intellectual Property Organization

BRELA

Business Registration and Licensing Agency

CDEA

Culture and Development East Africa

CISAC

Confederation of Societies of Authors and Composers

CMO

Copyright Management Organizations

COSOTA

Copyright Society of Tanzania

EADB

East Africa Development Bank

IP

Intellectual Property

IPRs

Intellectual Property Rights

KECOBO

Kenya Copyright Board

MPAKE

Music Publishers Association of Kenya

OSIEA

Open Society Initiative for East Africa

SADC

Southern African Development Community

TPPRL

Tanzania Performing and Publishing Rights Limited

URBS

Uganda Registration Services Bureau

UPRS

Uganda Performing Right Society

WIPO

World Intellectual Property Organization

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Executive Summary On October 11, 2018, Culture and Development East Africa (CDEA) welcomed participants to the 2nd Mashariki Creative Economy Impact Investment Conference held at the British Council in Dar es Salaam. The two-day conference met its objectives of holding a Multi-Stakeholder Platform (MSP) to discuss how to improve the investment ecosystem for the creative industries in East Africa, with focus on the theme: Intellectual Property as Collateral for Financing the Creative Economy in East Africa.

With support from British Council and the Open Society Initiative of East Africa (OSIEA), the conference was designed in form of conversations involving Copyright Management Organizations (CMOs), Intellectual Property (IP) advocates, IP regulatory institutions, trade and culture sector policymakers, creative organizations and creatives drawn from Uganda, Kenya and Tanzania. .

The conference also benefited from the presence of Dr. Keith Nurse, who is an international creative industries expert and the World Trade Organization Chair and Senior Fellow at the Sir Arthur Lewis Institute for Social and Economic Studies, University of the West Indies. He pointed out that regional development banks and export-import banks are in a better position to support IP securitization through concessionary financing as they can take risks that commercial banks cannot. He noted that the process of IP financing should begin with valuation and monetization of creative assets. However, he cautioned, IP financing is not to be viewed as a one-stop-shop. Just as there are multiple income streams, there are multiple ways of financing –crowd funding, trade financing, angel investing, IP financing, etc. All these funding sources should be explored to boost the economic and trade value of the creative sector.

CDEA also made a pitch to EAC member states to establish a guarantee fund for the creative sector with the East African Development Bank (EADB) with funds sourced from institutions like World Bank and DFID, which have an interest in impact investment. The pitch also made note of the fact that guaranteed development finance rather than commercial finance is critical for the creative sector.

The conversations at the conference called for the need to have a regional policy conference on IP issues so as to unlock benefits for the creative industries and trade within the region. For instance, requirements for broadcasters to have local content – 60% in Tanzania; 60-70% in Kenya, 70% in Uganda, present an opportunity for creatives. However, currently there is lack of a conducive legislative and institutional frameworks to realize the potential of schemes such as private copying levy-- a special tax is charged on purchases of recordable media and channelled towards promoting creative activities, broadcaster resistance to complying with paying royalties, the limited negotiating capability of CMOs and digital licensing of demand-side platforms (DSPs) and telecoms. However, the conference participants were cautioned by Dr. Nurse: The key point is that “policy” should be the hand maiden of “strategy”.

The EAC member states should therefore develop a strategy on IP value capture along five elements namely: copyright royalties, data monetization, geographical indications, IP and destination branding and IP financing.

The conference came up with the following action points and recommendations.

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ACTION POINTS Specific action points that need to be followed up are as follows : 1. CDEA in collaboration with selected EAC member states to carry out an audit of the economic impact of the creative industries at micro and macro level and share findings at next conference 2. CDEA, COSOTA and CISAC have agreed in principle to have a follow up policy conference in Arusha to push the EAC to have the creative industries IP agenda for the region.

3. CRDB Bank PLC is willing to create a tailor-made financing product for the creatives industry. As a post-Mashariki Conference activity, stakeholders should come up with a proposal for CRDB to consider.

4. CDEA to follow up on the proposal made by Hon. Harisson Mwakyembe that: The 3rd Mashariki IP Conference should be organized in collaboration with the Ministry of Culture, Information, Arts and Sports and should be held in Arusha to ensure participation of high level government officials from EAC member states. Hon. Mwakyembe promised close cooperation if his ministry is engaged early.]

5. CDEA to lobby EAC member states for the creation of the East Africa Creative Industries Guarantee Fund managed by the East African Development Bank (EADB) RECOMMENDATIONS : General recommendations from the Conference were as follows : 1. EAC Governments need to ratify all the international treaties, update their IP laws, and harmonize everything across the region. They need to have adequate frameworks, policies and structures that cater for collection and enforcement, as well as digitization of systems to increase efficiency.

2. EAC Governments need to prioritise collection of national data on the flow of creative goods and services so their wealth potential can be seen and valued. They also need to factor Culture Statistics in the national statistical frameworks, and establish a regional statistical Framework in line with the UNESCO guidelines on Culture Statistics.

3. EAC Governments need to create IP registries that show who owns what and for how long so the information can be used for collateralization.

4. EAC needs to create a regional CMO (or the national ones need to work as one) to implement all national and international IP laws so that creators benefit.

5. CMOs and regulators need to raise awareness of IP rights to all stakeholders (owners and users).

6. Mashariki Creative Economy Impact Investment Conference should be used as an IP platform to promote one ‘one voice’ within the EAC. 7. Creators need to have a regional platform where their voice can be heard.

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8. Creatives need to treat their creative endeavours as a business and keep a record of their activities.

9. Need to improve the operational efficiency of CMOs in East Africa to be able to license broadcasters, DSPs and telcoms and collect royalties 10. Improve the governance and management of CMOs in East Africa 11. Enhancing the legal and institutional frameworks to support private copying levy schemes in EAC member states 12. Need to enhance the EAC member states to provide economic and legislative frameworks for IP securitization.

13. Need for the EAC member states to create and enact IP securitization regulation and enforcement mechanisms for creative industries. The regulation can be set up through law on securitization, financial law, corporate law, capital market law, and/or modification of bankruptcy and collateral laws

GODFREY MADARAKA NYERERE Chairperson, CDEA AYETA ANNE WANGUSA Executive Director, CDEA

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1.0 OPENING SESSION

Welcome and Introduction DOREEN ANTHONY SINARE

Doreen Anthony Sinare, Chief Executive OďŹƒcer and Copyright Administrator, COSOTA

Ms. Sinare welcomed all participants to the 2nd Mashariki Creative Economy Impact Investment Conference. Introduced the key participants in the conference as follows: Ayeta Wangusa Executive Director of CDEA, Godfrey Madaraka Nyerere, Chairman of the Board of CDEA, Angela Hennelly, Country Director of British Council, Samuel Sangwa, Africa Regional Director for CISAC and Dr. Keith Nurse, intellectual property expert.

Opening Remarks OPENING REMARKS BY AYETA ANNE WANGUSA, EXECUTIVE DIRECTOR, CDEA Ms. Wangusa welcomed all the participants and explained that the two day conversation is aimed at improving the creative ecosystem in the East Africa region. She thanked the British Council and OSIEA for their support to the conference. She made special mention of: Dr. Keith Nurse, intellectual property expert from Trinidad and Tobago, Josh Nyapimbi, Executive Director of Nhimbe Trust in Zimbabwe, representing the SADC region in the conference, as well as Bamuturaki Musinguzi, Special Correspondent of the East African with expertise on cultural statistics.

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Ayeta Anne Wangusa, Executive Director, CDEA

Ms. Wangusa encouraged the participants to make bankers understand that the creative sector is a bankable sector.

OPENING REMARKS BY GODFREY MADARAKA NYERERE, CHAIRMAN, CDEA

Opening Remarks by Godfrey Madaraka Nyerere, Chairman, CDEA

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Mr. Nyerere thanked COSOTA for their collaboration in the 2nd Mashariki conference and explained that the conference emerged out of the need to regulate the environment for the creatives industry, especially with regards to the film industry in Tanzania and the East Africa region in general.

CDEA is a creative think tank for promoting culture based in Tanzania. It uses culture as a resource to stimulate development. CDEA has two programs, one on culture and governance and another on documentary and legal systems.

Mashariki is CDEA’s annual multi-stakeholder platform and in this year’s conference they will make a case for establishing a guarantee fund which will be under the East Africa Development Bank. CDEA calls for East African States to do a survey of the contribution of creatives to their respective economies as a way of recognizing their importance.

OPENING REMARKS BY ANGELA HENNELLY, COUNTRY DIRECTOR, BRITISH COUNCIL

Opening Remarks by Angela Hennelly, Country Director, British Council Tanzania

Ms. Hennelly welcomed everyone to the premises and indicated British Council’s delight in hosting the conference. She made special mention of the key participants at the conference.

She mentioned British Council’s role is to create a positive engagement with people between the ages of 18 and 35 through the new Art new Audiences (nAnA) project that connects East African and UK creatives and the East African Mobility Fund to help them realize their potential. British Council helps them to connect, share creative skills and ignite partnerships.

Worldwide, it fosters networks, promotes British culture and supports creatives. It builds capacity and strengthens the arts sectors by providing a physical as well as a virtual space. It shares UK arts with the world and creates new opportunities for artists to work internationally.

It also supports partners with policy and advocacy. And with the Mashariki Creative Economy Impact Investment Conference, British Council has begun a process of stimulating policy that promotes growth and innovation in the creative sector.

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OPENING REMARKS BY ADAM ANTHONY, PROGRAMME ASSISTANT FOR THE ECONOMIC GOVERNANCE PROGRAM, FOCUSING ON MACROECONOMIC POLICY (TRADE AND TAXATION), OPEN SOCIETY INITIATIVE FOR EAST AFRICA (OSIEA)

Adam Anthony, Programme Assistant for the Economic Governance Program, focusing on Macroeconomic Policy (Trade and Taxation), Open Society Initiative for East Africa (OSIEA)

Mr Anthony indicated that OSIEA is part of the Open Initiative in the USA and has branches in Kenya, Uganda and Tanzania. OSIEA partnered with CDEA on the conference because they work on trade, especially on the legal framework of trade, including intellectual property.

Rapid technological changes have brought a lot of challenges in trade (e.g. music streaming has changed the way music is accessed and sold). In Tanzania, OSIEA is helping to secure bilateral treaties. In Kenya it is building institutional capacity to do resource mobilization.

OSIEA is very happy to be part of the conference and looks forward to continued work with CDEA and creatives in general. Although OSIEA works mostly on grants and research, they are open to other forms of collaboration.

OPENING SPEECH BY HON. CHARLES JOHN MWIJAGE, TANZANIA MINISTER OF INDUSTRY, TRADE, AND INVESTMENT (AS READ ON BEHALF OF THE MINISTER BY ARISTIDE MBWASI, ACTING DIRECTOR, DEPARTMENT OF INVESTMENT IN THE MINISTRY OF INDUSTRY, TRADE AND INVESTMENT) The creative economy is closely related to the start-up economy and it is sometimes a disruptive economy. Creatives are not only creative in what they do but also in how they do it.

It is easy to start a creative business but growing and maintaining it is as difficult as any other business, if not harder.

The creative industry brings together a range of connected activities that generate knowledge and innovation. It is much easier to have a good idea than to turn that idea into a business; better to share that idea with others than to do it alone.

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Aristide Mbwasi, Acting Director, Department Of Investment In TheMinistry Of Industry, Trade and Investment

Therefore, enabling a creator to retain control of their intellectual property is very important at it enables them to collaborate with others for greater success.

We have seen the contribution of intellectual property globally. We appreciate international organizations that support our organizations, like COSOTA, to ensure we are not left behind when it comes to managing and protecting intellectual property rights.

Piracy is a big challenge that many countries face. We all need to work together to address this threat across East Africa. It is my expectation that the delegates will discuss and agree on strategies to fight piracy nationally and internationally.

There is a large untapped market for African intellectual property out there to address and negotiate so as to ensure that creators and innovators enjoy the fruits of their labours.

It makes no sense for a multi-national company to get a license for using intellectual property material in one country but not get license for using similar material in another country. EAC countries need to join hands and speak with one voice on complying with intellectual property laws in the region.

On financing, banks do not see the value in supporting creatives. On the other hand, other financiers might be interested in providing financial resources but they want to obtain part ownership of the created material as a result, something that some creatives do not want.

There needs to be better communication between creative and financial institutions so that both parties can arrive at a mutually beneficial solution.

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2.0 High level Panel 1

Panelists : (left –right) Samuel Sangwa, Africa Regional Director, CISAC, Doreen Sinare, CEO COSOTA, Tanzania , James Wasula, CEO, UPRS, Uganda, Torriano Salamba, President, TPPRL, Tanzania, Edward Kipsigei, CEO, KECOBO, Kenya, Samuel Onyango, Operations Manager, MPAKE, Kenya and moderator, Hilda Twongyeirwe, Executive Director, Femrite, Uganda

High level Panel 1: Perspectives of the Legal Frameworks for Intellectual Property Industries Internationally, regional and nationally

for the Creative

This conversation provided an overview of the legal backdrop of Intellectual Property (IP), providing comparisons within Africa and the developed countries, highlighting the gaps and opportunities, and exploring what East African Members States need todo to safeguard IP management and the ecosystem – copyright, trademarks and industrial designs of creatives and innovators Panelists : 1. Samuel Sangwa, Africa Regional Director, CISAC 2. Doreen Sinare, CEO COSOTA, Tanzania 3. Edward Kipsigei, CEO, KECOBO, Kenya 4. James Wasula, CEO, UPRS, Uganda 5. TorrianoSalamba, President, TPPRL, Tanzania 6. Samuel Onyango, Operations Manager, MPAKE, Kenya The session started with a presentation from Samuel Sangwa, Africa Regional Director for the Confederation of Societies of Authors and Composers (CISAC). Key points of the presentation were as follows: Collection of IP royalties in Africa is very low compared to the rest of the world – in 2016 Africa collected 0.7% of the total share of global collections. IP is an asset but in order for the players in the market to recognize it as an asset, the two key stakeholders, which are Government and copyright societies, have to send out a signal to the market that it is indeed an asset. And this is done by copyright societies providing protection of this asset and Government stepping in to enforce that protection.

There are two types of Copyright Management Organizations (CMO), public and private.

Public CMOs are run by the Government therefore they can do efficient enforcement and user compliance is easier. However, they often suffer from interference from the line ministries, a public service mind-set, and mistrust from the creators of intellectual property. Example, in Togo the head of the CMO is appointed by the Government but no one has been appointed in the past two years because Government is busy with elections. Private CMOs are purely non-governmental organizations and have strong ownership by creators. They have a results driven mind-set because they have to earn their living. However, they tend to have weak support from Government and face a lot of user resistance. Example, in Zimbabwe, the Government refused to pay royalties to a private CMO and threatened to shut them down and start a public one.

TV and radio are major users of creative works. CISAC survey of 22 African countries revealed that only 42% of radios had a license to use creative works and were paying royalties. About 60% of radios were not paying royalties; in TV 70% of them were not paying royalties.

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Major setbacks to royalties collection in Africa include: operating inefficiency, lack of governance best practice in management, outdated legal frameworks (example in Guinea an outdated law of 1980 states that only government TV and radio were subject to copyright laws so CMOs are not able to license private TV and radio, which have now become the big players), and private copying.

Private copying is the right that individuals have to make copies of creative material for private use. But if people can legally do private copying there is no incentive to buy creative material.

Seven countries in Africa do not allow private copying; 24 countries allow it but do not include compensation to the IP holder – includes Uganda, Tanzania and Rwanda (legislation will need to change to protect creatives); 17 countries allow it and include compensation but they don’t have royalty collection mechanisms (there is a high potential of boosting royalty collections here). Only 6 countries allow it and have collection mechanisms in place (Algeria, Burkina Faso, Botswana, Morocco, South Africa and Tunisia). Algeria is 2nd in Africa in collecting royalties – Euros 23m collected in 2017. Of this, 70% goes to the artist and 30% goes to a cultural fund that supports cultural activities like festivals.

The creative industry produces a lot of wealth but how can Government and CMOs send this signal to the market if they do not understand what the numbers are? Government statistics bureaus need to do the research and produce data about the creative industry so its wealth potential can be clearly seen.

In 2018, CISAC introduced Sep 14th as the Africa Copyright Day in more than 20 African countries.

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Panel Discussion Samuel Sangwa, Africa Regional Director,Confederation of Societies of Authors and Composers (CISAC) – South Africa and Algeria are the top African countries for royalty collection. The SA CMO is private while the Algeria CMO is public, so it is difficult to say one type is better than the other. It is up to each ecosystem to work out the situation. If Government and CMO work as stakeholders then things will work. If the CMO is private, Government needs to provide good support to it; if CMO is public then it has to take advantage of its position.

Edward Kipsigei, CEO, Kenya Copyright Board (KECOBO) – as the regulator, the Kenya Copyright Board is responsible for IP management in Kenya. They have made changes to the law in the last 10 years to respond tostakeholder needs. The Kenya CMO is private, and licensed by KECOBO. However, they have been facing a lot of issues due to corruption. A private CMO is not required to report to the public so sometimes KECOBO has to respond to corruption allegations with inspections, forensic audits, financial reporting controls, etc. It’s a work in progress and they are learning best practices from other countries like Algeria.

Doreen Sinare, CEO, Copyright Society of Tanzania (COSOTA) – Tanzania is still using the 1999 intellectual property law but amendments are currently underway. COSOTA collects and distributes royalties but it is under resourced. It has only 14 staff members for the whole country who not only register IP and manage royalty collection but they also do dispute resolution and attend IP court cases. Alternative Dispute Resolution is used in 99% of the IP cases which is good because disputes end amicably and less time and money is spent.

James Wasula, CEO, Uganda Performing Rights Society (UPRS) – There is a need to urgently ratify and domesticate WIPO Treaties. Governments are responsible for ratifying WIPO treaties so the pace at which each country ratifies them is different. Uganda is currently in the process of ratifying them. As a region, we should endeavour to harmonise our IP laws.

The EAC’s IP Bill should be revisitedand passed into law. At the international level, WIPO should probably refocus energies to correlate IP laws with Commercial laws to provide for adequate rules for financial institutions to accept IP assets (intangible assets) as collateral.

Currently, commercial laws only appreciate goodwill as the only intangible asset. Otherwise, reciprocal agreements among CMOs in the region solve infringements that occur across borders.

Samuel Onyango, Operations Manager, Music Publishers Association of Kenya (MPAKE) – intellectual property rights are laws that protect our inventions. Copyright, trademark, patents, trade secrets – all these protect different aspects of IP which in turn protect the work of creatives.CMOs are debt collectors so the more they collect the better for them.

TorrianoSalamba, President, Tanzania Performing and Publishing Rights Limited (TPPRL) – IP management has a process. Creators first need to register their works with a CMO then the CMO can license users (like broadcasters). Only then can the CMOs take royalties from the users and distribute it o the creators.

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What are the comparative advantages of IP regimes within East Africa, Africa and the developed world?

There are no global standard procedures for managing IP collateral. In developed countries, collateralization is available in the technology sector.

In Kenya, 70% of royalties collected is required by law to go back to the artist.

In Uganda, there are over 240 radio stations and only 20 of them are paying royalties. The regulator has a Memorandum of Understanding with the Police who help them to enforce when broadcasters refuse to pay royalties.

In Tanzania, IP registration is quite cheap – US$10 for individuals and US$50 for companies Local content – in Tanzania 60% of broadcast content needs to be local and the Tanzania Communications Regulatory Authority (TCRA) enforces this. However, the law is old and ‘local content’ includes ads and news. In addition, TCRA had no means to monitor this 60-40 split but now they are in the process of procuring a monitoring system.In Kenya, the target for local content is 60-70% and the Communications Authority is responsible for enforcing this.

However, it is not realistic to enforce this in niche platforms, e.g. a Jazz radio station.

Uganda is in the process of domesticating several treaties, including the WIPO Internet Treaty.

They have already ratified the Marakesh Treaty so the visually impaired can access written works.

Challenges or obstacles in enforcing intellectual property legal frameworks in the EAC members states • Lack of awareness of IP rights by creatives who sometimes promote piracy of their own work in order to get recognition (e.g. musicians who beg radio stations to play their songs) • Lack of awareness by IP users like broadcasters who do not understand the need to get licensed by a CMO to use IP and to pay royalties • Under resourced CMOs • Outdated legislation that has not kept up with technological changes • Lack of adequate technology to monitor the use of intellectual property Examples of opportunities within the IP legal regimes of the EAC members states that copyright and industrial rights holders can take advantage of Requirement for broadcasters to have local content – 60% in Tanzania; 60-70% in Kenya, 70% in Uganda Recommendations on what East African Members States need to do to safeguard IP rights of creatives and innovators • Need to raise awareness of all stakeholders (owners and users) on IP rights • EAC needs to create a regional CMO (or the national ones need to work as one) to implement all national and international IP laws so that creators benefit • Need to create IP registries that show who owns what and for how long so the information can be used for collateralization • Need to create a regional platform for creators where their voice can be heard • Need adequate IP policies that cater for collection and enforcement, as well as digitization of systems to increase efficiency.

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Key quotes “What a regulator wants is peace and harmony in the sector and money in the pockets.”

– Edward Kipsigei, CEO of KECOBO “For royalties to be distributed, the broadcasters should be licensed.”

– Torriano Salamba, (TPPRL), Tanzania “If the creators push the Government, it will respond. You are a big force and sometimes you humble yourselves too much.”

– Edward Kipsigei, CEO of KECOBO Comments from the audience and responses from Speaker/Moderator • IP is not an area for lawyers only, it covers researchers, engineers, architects, etc. Information is available – creators should Google it! WIPO and ARIPO have a lot of free IP material online • Regulators and CMOs need to interact more closely with creators so they can understand each other’s needs better and resolve issues • Governments respond to three groups: those they fear, those they get money from and those who make noise (e.g. trade unions). Creators complain quietly. They need to create platforms that can make noise for the changes they need. EAC has several platforms at the regional level – where are the creators?

• Creators should make sure they know how to protect their work. They need to do proper documentation, including dates, so that they can prove their ownership. They also need to be secretive with their work and not share it before they have registered it.

• Other professionals need to enter the IP field so that we have the required resources in the sector, e.g. IP lawyers, valuers, etc.

• WIPO should lead in the harmonization of IP laws with commercial laws. IP laws focus on enforcement and acknowledging IP ownership, they do not look at commercial issues – trade laws do this. So it is important to harmonize the two. This harmonization should also support the financing of creative processes and needs.

• Creators need to understand that piracy is not an option to ‘break-through’ or get recognized . Creative commons is a way of managing rights and they can use it to offer their material freely while still protecting it. There are many models emerging and creatives need to find out which model works for them.

• What can individuals do? Be ambassadors! CMOs and regulators are just technicians. The creators themselves have to be ambassadors.

• Reprography (the reproduction of literary material) is barely covered by CMOs as they spend more effort on music and films. We need to build skills on the licensing of reprography. How do we regulate the use of digital material?

• Outside of South Africa, the EA region is one of the largest in terms of book publishing in Africa. However, book licensing encounters the challenge of exception for educational use.

In fact, there are some forces pushing for the expansion of exception in copyright laws.

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The argument is that developing countries need this exception to promote education, but in reality they are pushing this so they can get free access to information which they then use to get advertising money. The more exceptions we allow the more copyright laws will be dismantled.

• There are too many regulators and different licenses. Why can’t we have a harmonized license that incorporates all the different needs? That way when a broadcaster gets a broadcasting license then the IP licensing should be included as well.

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3.0 High level Panel 2

Panelists : (From left to right) Sunday Ndamugoba, ABC Attorneys, Tanzania, Norman Mbabazi, Intellectual Property Centre/IP lawyer, Uganda , June Gachui, Musician/IP lawyer, Kenya and John Kitime -Musician, Tanzania

High level Panel 2: Intellectual Property Securitization for the Creative Industries in East Africa Central to the conference, this conversation provided an insight on what IP securitization is, the legal framework, the challenges and opportunities of operationalizing it in East Africa. The conversation also highlighted the IP Rights policy challenges and what needs to be addressed to enhance industrialization through the creative industries.

Dr Saudin Mwakaje, Attorney and lecturer at University of Dar es Salaam –Moderator Panelists : 1. June Gachui, Musician/IP lawyer, Kenya 2. Norman Mbabazi, Intellectual Property Centre/IP lawyer, Uganda 3. Sunday Ndamugoba, ABC Attorneys, Tanzania 4. John Kitime -Musician, Tanzania Panelist opinion about intellectual property securitization June Gachui, Musician/IP lawyer (Kenya) –As a musician, she has tried in the past to get a loan from banks but most have said no. They are happy to hold the musical equipment as collateral but not the music IP as it is not tangible. Conversation has to happen with financial institutions to know what their fear is in lending to creatives. In addition, creatives have to able to show the numbers and data on their creations – how many shows are booked, how many CDs are on sale, how much they expect to make, etc. Kenya’s Movable Securities Act for the first time recognizes intangible assets (including IP) as collaterals that banks can use, but that is on paper. To make it work, they need to create a registry indicating who owns what and the value of that asset. The Kenyan film industry have been trying to get insurers to ensure their productions but insurance companies are looking at ensuring tangible things like cameras instead of the production or actual artists.

Sunday Ndamugoba, ABC Attorneys (Tanzania) – in all EAC States except for Kenya, IP assets are not considered as security. We do not have IP valuers who can value IP for bank collateralization. In countries like the USA, UK, China and Singapore it is possible to collaterize IP. In EA we need facilitation from Governments to show that there is value in IP. We need to raise awareness of creatives that they can create value in their work and we need to update our laws to allow this.

Norman Mbabazi, Intellectual Property Centre/IP lawyer (Uganda) – he is an IP practitioner, advocate and an amateur filmmaker. A big challenge is how to commercialize the protected, registered asset that is created. In Singapore, the Government realized creatives had good ideas but no moneys so it passed an Act to underwrite half of the loan and the other half to be based on the value of the work. Valuation is a problem for us because there are no valuers. There was a case in Uganda where the judge did not agree to provide the damages that were sought by the lawyer because they were not able to agree on the value of the work.

We need to get to the point where we can value ourselves properly and be able to explain that value in a way that banks and others can understand.

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John Kitime, Musician(Tanzanian) – in 1997 David Bowie had 25 albums and he wanted to sell their masters because he was convinced that the internet was going to make music free and therefore he would lose royalties. EMI agreed to distribute the albums and he got 25% royalties. Bowie then created bonds out of the expected royalties and raised US$55m based on future earnings. James Brown, the Isle Brothers and Rod Steward all did something similar and managed to raise money based on future royalties. That cannot happen here– we do not have the laws to collect royalties nor the ability to enforce those laws. Therefore talking about securitization of IP in Tanzania is impractical because it is not doable in the current situation.

How is value created in the creative value chain? How can one secure this Intellectual Property?

How our assets are valued is up to us – is it based on our past output? Current output? How? We need to be able to determine this.

The only way we can create value is by consuming our own productions. We have to consume locally produced works in order to increase their value.

Finding value in IP is a matter of mind-set change. Society is becoming more abstract. We are beginning to value things we do not see. For example, Mpesa is based on trust – you can’t see the money but believe it is there in your phone. The same needs to happen to intellectual property.

In addition, we need to interrogate the absolute basics that are needed for the value of IP to work. For example, you have informal selling points (i.e. hawkers) across the EA region who sell pirated material. How do you maintain the value of a creative work if that value can be reduced by piracy?

We need to look at how financial institutions value collateral in other industries and see how we can convince them to value IP in the same way. Normal businesses are valued based on past earnings/productions. Creatives need to keep track of past performance and earnings so that they can present their work as financially viable.

Since the scope of the creative economy includes activities that generate creative digital content and can generate income through trade and intellectual property (IP) rights, does this present an opportunity for impact investors and financial institutions to use IP assets for financing business start-ups and expansions?

• Creatives are creating wealth in the economy the only problem is that the wealth creation is not documented. A study by WIPO, COSOTA and the Government of Tanzania estimated that between 2007 and 2010 the creative industry in Tanzania contributed to 4.6% of the GDP – more than the mining sector. This presents a real opportunity for financial institutions.

• In Uganda someone was able to make T-shirts on loan simply because there was a FIFA logo on it. The printers recognized that the FIFA trademark is valuable and agreed to produce the T-shirts on loan because they were sure the T-shirts would sell and they would get their money.

What are the key challenges for IP securitization in East Africa?

• Currently the law does not recognize IP as collateral (with exception of Kenya) • There are no valuers in the market • Institutional knowledge gap makes it difficult for IP to be used as collateral

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• There is no mandatory requirement to register copyright and this creates uncertainties for banks • Many creators are not formalized Recommendations for mitigating the risk IP securitization associated with copyright industries such as film and music in East Africa • Need to look at other financing options like venture capitalists and angel investors instead of banks only Key quote “If you cannot measure it, you cannot value it.” – Saudin Mwakaje Comments/questions from the audience and response from Speaker/Moderator • The creative industry is close to the sports industry and they are good at creating value because they are disciplined. We need to become more disciplined as creatives.

• Book publishers have a challenge getting bank financing. Governments provide big contracts for publishing school books and ask for bonds from banks. Even though you have secured the contract banks will not look at the books as collateral instead they insist on things like land title deeds. It is quite unfortunate that banks do not see this value because there is IP in the manuscript, there is IP in the physical book and there is the author IP (trademark).

Banks need to recognize that IP is an asset.

• Why not use the Mashariki Creative Economy Impact Investment Conference as a venue to harmonize IP laws on the EA platform? The EAC had an IP Bill in 2015 which stalled. Why don’t we look at that bill, enrich it and domesticate it? Mashariki can be used as a platform for ‘one voice’.

• Kenya has ‘Wabunifu Fund’ that supports creatives.

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4.0 Research Finding on IP Securitization

Research Findings

Dr. Keith Nurse, International Creative Industries Expert and the World Trade Organization Chair, University of the West Indies

Sharing best practices of systematic valuation of IP for the financing of the creative industries, by international creative industries expert: Dr. Keith Nurse (UK/Trinidad & Tobago) This session shared evidence of IP securitization taking place in both development and developing countries Main points made by Speaker • The creative sector is one of the fastest growing sectors in the world, facilitated by the growth of the Digital Creative Economy. According to Forbes magazine, in the last 20 years the richest people have been those who have generated IP (the same with companies and countries). But we need to stop thinking of IP as a sector and instead as a key driver of the contemporary knowledge and digital economy. There is IP in everything: in goods; and in services.

• To value your IP, banks will want to know where your creative business fits in the greater economy. So if your economy does not measure IP in general or the value of the creative economy then it becomes much harder for banks to put a value on your future earnings. It is also much more difficult for the entrepreneurs to develop good business or export plans which are vital for convincing financiers as well as deepening the skills of creative entrepreneurs.

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• According to an Ernst and Young 2015 report, the creative industry contributed US$58b in Africa/Middle East (compared to US$743b in Asia /Pacific). There is huge potential for growth in Africa with its increase in population growth (the demographic dividend). Africa is likely to be one of the main growth markets for IP in the not too distant future.

• There is a critical role for banks in IP financing. However, the approach needs to move beyond commercial banks to focus on regional development banks and export-import banks that are in a better position to support IP securitization through concessionary financing as they can take risks that commercial banks cannot. As such development banks and export-import banks should be the first port of call for the development of appropriate financing mechanisms and the commercial banks can play a supportive role in disbursements and repayments as they have an advantage in terms of geographic distribution and established customer service protocols. Some good examples: (1) The Nigeria Export-Import Bank takes contracts as collateral; the Trinidad and Tobago Export-Import Bank uses film rebates as collateral and provides financing to the tune of 85% of the value of the rebate. As the earnings of creatives is not monthly, the repayment scheme needs to be flexible and suitable to individual circumstances.

• There are five key elements in the IP value capture: Copyright royalties – Africa only has 1% of global royalty collections so there is room for growth. The Bob Marley Foundation has been leveraging his IP and have increased its royalty earnings in the past 10 years Data monetization – firms that generate or collect data online are able to monetise that data through selling their characteristics to advertisers and other users. Through data analysis, Netflix and Spotify have been able to breakdown what audiences want and reduce the risk of film making. This capability will increase even more with blockchain.

IP branding – a combination of tangible and intangible elements (e.g. logo, trademark, etc.)and the concept those elements transmit with respect to specified products and/or services.

Geographic indications – allow countries to brand their cultural assets (e.g. Indonesia Batik; Kanga from Tanzania) Destination branding – events like festivals create a ‘national brand’ and sets the destination apart thereby attracting visitor arrivals, expenditure and brand loyalty (e.g.

Zanzibar International Film Festival has global appeal). Successful festivals based on original content can also generate a creative industry with export capabilities thereby creating jobs for a range of artists like musicians, photographers, DJs, dancers, costume designers, etc.

• Creative industry is a ‘circular economy’ where one’s IP like that in a book can generate multiple income streams. Take the example of Harry Potter books have generated movies, merchandise, theme parks, etc.

• The market penetration strategy should be the primary focus in evaluating IP for financing. The objective is to have a firm understanding of the modalities and trajectories of the target market through a demand-driven approach. Often, creative artists and entrepreneurs start with a supply-driven approach where the make the

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“product” then try to market it. This approach tends to be far less successful and it is very difficult to build an industry on this basis.

• In the contemporary knowledge and digital economy there is increasing demand for artists and entrepreneurs to invest more time and resources on digital and online presence. Artists are now required to be creative entrepreneurs and digital entrepreneurs. Some successful artists are spending as much as 70% of their time navigating and exploiting the digital arena.

• From this perspective IP financing is not to be viewed as a one-stop-shop. Just as there are multiple income streams, there are multiple ways of financing –crowd funding, trade financing, angel investing, IP financing, etc. All these funding sources should be explored to boost the economic and trade value of the creative sector.

Comments/questions from the audience and response from Speaker/Moderator • What is Nigeria’s IP ecosystem? Nollywood happened in an organic way. Societies generate creative content as part of their identity expression. Nigeria has been telling their own stories and now they have commercialized that content. The Nigerian Diaspora helps to create, produce and market that content. They have a large population in Africa and also in the Diaspora. They have put money behind their efforts and have been valuing its contribution to the economy so it has become easier for them to create value for their IP. It should be noted that other counties have much smaller populations so it will be difficult to replicate Nigeria’s experience. In some instances, the appropriate strategy may be to piggyback on the Nigerian model.

• How can we create value for the creative industry in East Africa? Value can be created by leveraging the IP assets that exist. But first an audit will need to be conducted to measure the economic impact of the creative industries as follows: Micro level – how much do you get directly? (e.g. ticket sales at a festival) Macro level – how much benefit is generated for the economy? (E.g. hotels, taxis, restaurants, local vendors, etc.)

Brand and media value – what’s the impact on brand and media? (e.g. the Switzerland Montreal Jazz Festival makes more money as a brand than it does on ticket sales) • How can you do IP financing in Tanzania? First you need to do an audit – what IP do you have? Then you have to assess the market value and determine what has value.

Lastly you have to prioritise – what are the low hanging fruit and what are long-term options for financing and leveraging in terms of IP assets? You would then develop a strategic action plan with clear determination of what are the critical success factors and the action steps for execution. The key point is that “policy” should be the hand maiden of “strategy”.

• What are blockchains and how do they relate to the creative sector? Blockchains are tied to crypto currencies which as an asset class is still early in its development. They involve trust and facilitate the easy flow of resources between suppliers and ultimate users. Blockchain has the capacity to reduce the number of middlemen in the value chain. This could redound to the benefit of content creators in that they would get a bigger share of the value-added as compared to what obtains today. Digital service platforms (e.g. Netflix, Spotify, etc.), telecom operators and copyright societies are all bidding to become key players in block chains.

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5.0 High level Panel 3

Panelists: Jane Okot P’ BitekLangoya, Deputy Registrar General (Registries) URBS, Uganda, Gertrude Ngenda, CDEA Board Member, Johnson Mshana, Public Relations Head, Multichoice, Tanzania and Emmanuel Kakwezi, Acting Chief Executive Officer, BRELA, Tanzania and moderated by Gertrude Ngenda, CDEA Board member

High level Panel 3 Creativity, Intellectual Property (IP) and East African Industrialization Agenda The conversation focused on trademarks and trade secrets, the value of patenting industrial designs for the manufacturing sector and cross-border trade, and how designers can benefit from their IP. It also established the reward of copyright for creators of local content being distributed by digital television channels.

Gertrude Ngenda, CDEA Board Member – Moderator Panelists: 1. Johnson Mshana, Public Relations Head, Multichoice, Tanzania 2. Jane Okot P’ BitekLangoya, Deputy Registrar General (Registries) URBS, Uganda 3. Emmanuel Kakwezi, Acting Chief Executive Officer,BRELA, Tanzania Generic information, including the nature of the speakers career work, their views on Intellectual Property and EAC industrialization Agenda Emmanuel Kakwezi, Acting Chief Executive Officer, Business Registration and Licensing Agency (BRELA) – BRELA is the national IP office dealing with industrial property in Tanzania (while COSOTA deals with copyright).IPRs are not new in Tanzania. They were introducedin Tanganyika during the British colonial era – the1922 Patent Ordinance (repealed and re-enacted in 1987 as the Patent Registration Act); the 1924 Trade Marks Ordinance (repealed and re-enacted in 1986 as the Trade and Service Marks Act);the1936Industrial Design Ordinance (which is not yet repealed); and the1966 Copyright Ordinance (repealed and re-enacted in 1999 as the Copyright and Neighbouring Rights Act). In 2012 The Plant Breeders' Rights Act was introduced.Every industry uses IP right from the beginning – the company name is a brand, the machine and technology used have patents, products created are IP, and the marketing strategy is IP. There are several ways IP rights can be used to get financing, like licensing of trademarks, selling of trademark or patent, or creation of a charge over a trademark or patent. However, there are several challenges to accessing funds through IPRs – lack of established valuation methods, informal nature of IP owners, owning IPs that are not needed by the market, lack of mass production to meet market demand, and lack of awareness of IP rights holders.

Johnson Mshana, Head of Public Relations, Multichoice – local content is a driver in the television industry in terms of news, movies, music, etc. Multichoice acquires local content in two ways – by buying existing content from local producers, or by commissioning new content from local producers. When they buy existing content, the first priority is to ensure that the seller has ownership of the material and for this they check with COSOTA. So it is really important that content producers register with COSOTA. Jane Okot P’ BitekLangoya, Deputy Registrar General – Registries, Uganda Registration Services Bureau(URBS) – The National Development Plan of Uganda recognizes the knowledge economy as a path towards development and IP as a central part of this (this has been inspired by Japan and South Korea which are rich economies driven by IP).Uganda updated its regulations on IP in 2018. It has set up an institutional framework with a National IP Policy and Strategy that is multi-sectoral and will have a steering committee headed by the Prime Minister.

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The IP Policy focuses on a value chain of harnessing creations of the mind, protecting those creations, and commercializing the creations. The Policy is creating a fund to support the commercialization part. There is a Movable Properties Securities Bill which recognizes IP as collateral. Uganda is also working with WIPO to create Technology Information Support Centers in universities where researches can access patent records. It is working with other EAC States to harmonize IP laws. Geographical Indication law in Uganda came out in 2018 so Uganda brands can use it to brand the country. The Industrial Design Register started this year.

What is the value of trademarks, trade secrets and patenting industrial designs? Give examples in each of the EAC member states, if any, where industrial property rights are being practiced • In Tanzania, the Companies Act allows IP to be used as collateral to get bank financing. There is either lack of awareness or people are aware but are not using the law.

• IP can be used as a tool for industrialization in terms of accessing information. Every patent has a disclosure requirement which is very important in enabling others to utilize the patent after the patent protection time has expired. All patents at BRELA are full ofvital information on how to produce things. Patents that are in the public domain are open for anyone to access and use the information contained. People should not try to re-invent the wheel when the information already exists.

• IP rights can be used to get finance for industrial development. This can be done through licensing where you get consent from a brand owner to use their brand in your production (example creating a Bic making factory). This is a good way to promote industrialization as you are using knowledge and systems that already exist.

Another way is by selling IP rights. These can be transferred or sold and the trademark is assigned to the new owner. Example, Kilimanjaro water used to be owned by Kilimanjaro Waters Limited but now the rights have been assigned to Coca-Cola. You can also buy a simple trademark and develop it. The third way of getting financing is by creation of a charge – a charge is a collateral that you can use to get a bank loan.

• Patents are catalysts for innovation. Every patent at the end of the day will create a demand for innovation. Example, we started with analogue phones then someone improved on it by making it digital and yet more people are improving on it by creating video calls and mobile apps and so on. There are now hundreds of innovations based just on the phone.

• BMW has patented bark cloth for use in car interiors in Germany, but bark cloth originates from Uganda, so Uganda is trying to have that patent revoked.

Are there impact investors or financial institutions investing in the expansion of these IP assets in the EAC Common Market? If not, why not?

• Financial institutions fear infringement risks and lack of preservation of the IP value.

Banks fear that if they take IP as collateral, someone else can create something similar and the IP they hold becomes worthless.

• Historically, IP has not been seen as an asset that financiers are accustomed. Hence financial institutions do not have IPR policies or guidelines that will enable them to handle IPRs as assets.

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• In Uganda, innovation hubs identify good innovations through competitions but only the winners get funded. Because there is lack of funding for IP, Kenyans approach the remaining innovators and buy their IP for very little money then go and develop the products and make money out of them Are royalties paid for copyright for creators of local content being distributed by digital television channels in East Africa? If not, why is this case?

• The Uganda Communications Commission (the regulator) requires local broadcasters to have 70% local content while pay TV channels need to have 20% of the channels to be local. The CMOs collect royalties but there are always challenges in this.

• Content producers need to know what the law says about their rights. Sometimes there are legal loopholes that broadcasters use to provide smaller compensations to content producers. So content producers need to register with the CMO to ensure they get royalties and negotiate well with the broadcasters.

Government just provides the environment. Artists need to make sure they know the market and target it well so that broadcasters can have local content that people actually want to consume What policy recommendations are required to ensure and balanced IP system in EAC Partner States that promotes cross-border trade in the manufacturing sector and the creative economy through the broadcasting sector?

• Policy does not solve everything. You first need to look at the broader ecosystem and see what needs to be done where (in Uganda, the IP Policy value chain will help them to establish this).

• The EAC States need to utilize ‘compulsory licensing’– This is where Governments issue a license for products of vital importance to the country, like products dealing with health. A healthy society has a better chance at industrialization.

Key quotes “Intellectual property is a very important tool towards industrialization.”

– Samuel Kakwezi, Acting CEO, BRELA “Patents are catalysts for innovation.” – Samuel Kakwezi, Acting CEO, BRELA “Trademark is a value addition.” JaneOkot P’ Bitek Langoya, Deputy Registrar General (Registries),URBS Comments/Questions From The Audience And Response From Speaker/Moderator • Who benefits with geographical indication? Everyone benefits as it creates a brand that commands more money. The producers get more money and Government gets taxes and fees from registration.

• Local content has improved yet Multichoice still has not improved its compensation to producers. They need to look at this as improved content means producers are spending more in the production.

• The fact that registering an IP asset is optional gives the impression that IP assets are not valuable.

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6.0 High level Panel 4

Panelists: From left to right: Bernard Bakaye Lubega, EAC Principal Culture and Sports OďŹƒcer (EAC)Moderator, Godfrey Mngereza, Executive Secretary, National Arts Council/BASATA ,Michael Pundo, Principal Cultural OďŹƒcer, Ministry of Sports and Heritage, Kenya , Eunice Tumwebaze, Assistant Commissioner Culture, Ministry of Gender and Community Development, Uganda, Irene Kusiima, Director -Research and Administration, Bayimba Cultural Foundation, Uganda and Robert Mwampembwa, Tanzania Visual Arts Association, Tanzania

High level Panel 4 Creativity and Intellectual Property (IP)’s role in contributing to social and environmental Impact The conversation focused on the contribution of creatives to development. And how their contribution valued. It also addressed the regulatory framework needs to be in place in order to safeguard both their social and economic rights, as proposed by the UNESCO Recommendation concerning the status of the artist and their contribution to social and environmental impact.

Bernard Bakaye Lubega, EAC Principal Culture and Sports Officer (EAC) –Moderator Panelists : 1. Godfrey Mngereza, Executive Secretary, National Arts Council/BASATA 2. Michael Pundo, Principal Cultural Officer, Ministry of Sports and Heritage, Kenya 3. Eunice Tumwebaze, Assistant Commissioner Culture, Ministry of Gender and Community Development, Uganda 4. Irene Kusiima, Director -Research and Administration, Bayimba Cultural Foundation, Uganda 5. Robert Mwampembwa, Tanzania Visual Arts Association, Tanzania Generic Information, Including The Nature Of The Speakers Career Work, Their Views Contribution Of Creatives To Development Godfrey Mngereza, Executive Secretary, National Arts Council/BASATA – IP is cross-cutting, it affects every sector, discipline, industry and business. IP provides creativity that helps us to deal with our environment. Regulations are needed to implement IP rights.

Eunice Tumwebaze, Assistant Commissioner Culture, Ministry of Gender and Community Development, Uganda – the Uganda Government supports the growth of IP for creators and has established a clear policy and legal framework. It has ratified national and international instruments/laws to strengthen IP protection. Challenges include lack of structures to support the creative industry, creators working in silos, piracy, segmentation of industries and lack of information, unprofessionalism among creatives, and limited infrastructure. Government is tackling these. It is working on regulations to support production of quality goods and has signed co-production agreements with China and India to support trade in culture/creative goods and services. It has renovated the national theatre to provide conducive space for creators and promote creativity. It is conducting festivals to provide platforms and help creatives network, discover new markets, and learn how to do things better so that their work can be recognized across the region and internationally. Bark cloth is known the world over to have originated and produced in Uganda, being a traditional dress in Uganda. The Ugandan Government expressed to UNESCO its displeasure on BMW patenting bark cloth which belongs to Uganda and UNESCO has agreed to change the patent. Uganda is also following up on a patent for Nyankole cow horns.

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Michael Pundo, Principal Cultural Officer, Ministry of Sports, Culture and Heritage, Kenya – Government’s responsibility is to create the environment to promote freedom of artistic expression and enable creators to benefit from their creations through legislations, policies and regulations. In 2010 Kenya reviewed its Constitution and because of this the Culture policy had also to be reviewed to align to the new constitution. From this review of the National Culture policy a whole section on the creative and culture industry has been inserted. Kenya has identified four top agendas for development (Housing, Food security, Manufacturing and Health) and there is a need to find out where creatives fit in these priority areas. Challenges they face include: resources for implementing policies in terms of intellectual capacity and data collection; reluctance of creatives to engage with Government; and ignorance among creatives about their rights. Kenya has an affirmative action fund called ‘Uwezo Fund’ which provides grants to women, youth and up-coming artists. They are thinking of creating a betting fund (from proceeds from betting activities) whose resources can be shared between the sports and the creative sectors. The new culture bill also provides for the formation of the National Arts council. This will be tasked with the management of all issues related to artists and creative works. Hopefully the council will have an arts fund that will help provide funding for artist and creators.

Irene Kusiima, Director, Research and Administration, Bayimba Cultural Foundation, Uganda – Bayimba’s mission is to uplift arts and culture in Uganda and East Africa by stimulating original intra- and inter-disciplinary cultural exchanges and creativity. This is done through the different creative platforms (like festivals) to create space to showcase their creations and market to promote their talents and show what they can do. An example is the DOADOA East African Performing Arts Market where different stalk holders in the music industry come together to interact and share knowledge and market themselves.

Governments in East Africa are beginning to see the value in the creative industry and are starting to do something about it. Policies are being updated and in the case of Uganda creative hubs will be setup in the different regions of the country but the challenge is implementation. There is a need to create not only an environment where creatives can freely work on and trade their creations, but also where they can improve their skills and knowledge (lack of capacity is sometimes an issue in the culture and creative industry).

Robert Mwampembwa, Tanzania Visual Arts Association (Tanzania) – Research by WIPO, COSOTA and the Government of Tanzania showed that creatives contributed 4.6% of the GDP between 2007 and 2010, which was higher than the mining sector. But what is the return on investment that creatives get from all the money they contribute into government coffers?

Very little. According to BASATA, Tanzania had 6 million creatives in 2006. For the past three years, the Ministry of Information, Culture, Arts and Sports, which oversees creatives, has not done adequate research work meaning data about the creative industry is to a large extent lacking . A Directorate for creatives has been created in the Ministry of Information, Culture Arts and Sports which is a positive, although it has yet to receive funding. An artist fund was also proposed in 2015 but it also has no money.

How is the contribution of artists and creative entrepreneurs to economic development valued by member States of the EAC? • Regulations are being put into place but implementation is a challenge due to lack of resources and structures.

• Some regulations, like the one passed in Tanzania in March 2018, takes us backwards instead of forwards. It puts too much restrictions on creatives (e.g. travel restrictions, hefty fees for international artists, restrictions in using cultural items for teaching, etc.) which kills innovation instead of promoting it.

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• Governments are beginning to engage with creators to develop strategies and establish mechanisms for public-private partnerships aimed at supporting the culture and the creative sector • National and regional studies on IP contribution to the national and regional economies have been conducted and the findings have been factored into the national and regional Development Strategies.

• Cross-border regulations need to be coordinated. Uganda is making great strides but doing it alone will not work – the whole region needs to work together as one What regulatory framework needs to be in place in order to safeguard both their social and economic rights of artists, such as training, recognition, employment, working and living conditions of the artist?

• Review existing laws • Strengthen the environment for the creative industry • Provide innovative funds to enable creatives to improve the quality of their products • Provide regulations to guide the creation and consumption of creative works • Establish creative hubs How is the contribution of copyright industries to social and environmental impact measured?

• Awareness of the role of creatives and culture in the economy is lacking (no data is available to back up the industry in terms of contribution to employment, share of GDP , etc.)

• Many institutions do not have a database or system in place that can help measure the contribution of the creative industry What policy recommendations are required to ensure the Intellectual Property of artists and creative entrepreneurs is documented by national statistical systems of EAC Partner States?

• There is a need for Governments to prioritise collection of national data on the flow of creative goods and services, factor culture statistics in the national statistical frameworks, and establish a regional Statistical Framework in line with the UNESCO guidelines on Culture Statistics Key quote Tanzania has 23 million people using the internet. They don’t wait for policies. They go into the web and do stuff.” – Robert Mwampembwa, Tanzania Visual Arts Association Comments/questions from the audience and response from Speaker/Moderator?

• The creative sector waits for policies and regulations before it does anything but technology changes very quickly so policies are always going to be behind. The dynamics of an industry are supposed to determine the policies. Mpesa did not wait for policies; Millard Ayo’s online TV did not wait for regulations. Government created the relevant policies after they came into existence so creatives should go ahead and create.

• Creatives need financing but they also need markets for their products

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7.0 Conversation with a Banker and Impact Investor

From left to right: Elizabeth Mbabazi Kagwa, CDEA Advisory Board member moderating Godfrey Ng’urah, Principle SME Relationship Manager, CRDB Bank PLC and Impact Investor, Kendi Kamwambia, Support and Compliance Manager, Heva Fund, Kenya

Conversation with a Banker and Impact Investor Presentations and conversations with Commercial banks and Impact Investors The session gave an opportunity for CRDB Bank PLC (Tanzania) and Heva Fund (Kenya) to market their products and to share their investment interests with the creative entrepreneurs Elizabeth Mbabazi Kagwa, CDEA Advisory Board member -Moderator Panelists: 1. Commercial Bank Godfrey Ng’urah, Principle SME Relationship Manager, CRDB Bank PLC, Tanzania 2. Impact Investor Kendi Kamwambia, Support and Compliance Manager, Heva Fund, Kenya Generic information including the nature of the speakers career work, discussion in the session Kendi Kamwambia, Support and Compliance Manager, Heva Fund – an impact fund created by Nest Arts Company to provide loans artists to who have difficulties accessing financial resources. The Fund supports artists with the initial stages of creating a business – set up, record keeping, etc. It has limited funds so it is only able to support 10 businesses at a time.

It is looking to collaborate with others to increase funding to creators. It is also looking to partner with other organizations in providing mentorship for the businesses receiving funding.

Currently they can’t use IP as collateral for the loans but they look at past performance to project future earnings. The businesses they support need to be registered.

Godfrey Ng’urah, Principle SME Relationship Manager, CRDB Bank – Banks lend to businesses that exist and when they do so they look at two things: 1) Can the business make money? 2) What is the fall-back position if the business fails? Security or collateral is the fall-back position. The main thing that banks look at is not the security the business has but whether or not the business is able to make money and pay the loan. The security is the last thing they look at. Once you have IP registered it means you become the monopolistic supplier and this gives banks the assurance they need.A guarantee fund is also needed.

In Malaysia, the Government provides a guarantee fund, called the Malaysia Debt Venture Fund, as mitigation against loan defaults. Banks use the fund as security to lend to creators.

Currently, CRDB finances physical products but not the IP of those products.

What are the Speakers perspectives on investing in the creative economy in East Africa?

• Banks can tailor-make a product for the creative industry and are open to consider proposals. It is suggested that as a post-conference activity, stakeholders come up with a strategy that banks can look at.

• Heva Fund sees potential for expanding into other East African countries but they have resources constraints. They are planning do a pilot in Rwanda. However, EA countries without impact investors can create their own solutions by pooling together funds from other organizations or creatives themselves and create an impact investment fund.

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What are the Speakers perspectives on intellectual property as collateral for financing the creative industries in East Africa?

• If creatives have a sellable product whose IP is protected and there is a guarantee fund to mitigate against loan defaulting, then banks can use the IP as collateral.

• Artists do not keep records well which makes it difficult to give them financing. They need to create a paper trail, keep receipts, and keep data so that projections and viability of the business can be assessed.

What learning do the bankers and impact investors take away from the conference?

• There is a great need for financing in the creative industry across the East Africa region • The creative industry has a different set of needs compared to other industries • Financial institutions and the creative industry can work together to create a solution that works for creatives Key quote “The future is never certain that is why banks require securities against loans.” – Godfrey Ng’urah, Principle SME Relationship Manager, CRDB Comments from the audience and response from Speaker/Moderator • How flexible is Heva’s loan repayment? Heva has five loaning models – revenue share, normal term loan, lease to own, LPO financing and convertible debt. Heva’s loans are tailored to each sector (photo, interior design, fashion, live music and events) and repayments are flexible. They have a 6 to 24 months moratorium. Businesses on the revenue share model pay when their revenues are high and do not have to pay when their revenues are low.

• What is HEVA’s fall-back position?Heva’s success in repayment is 70%. It did not have a fall-back position in the first round of loans which means it has only recouped 50% of its money from interests out of the 30% that defaulted. However, this is one of the risks of being an impact investor.

• Why don’t banks treat creatives like other industries? That is exactly what we do. We look at your cash flow, your willingness to pay back and your security. If you go to a bank to get a loan to publish your book we will ask you, can you guarantee that the market will buy it?

• It seems like banks are missing the opportunity offered by the creative industry by shifting the whole risk to the creatives. Banks are willing to create tailor-made products for the industry. But remember, banks need to follow regulations. They are lending public money and need to guarantee they can get that money back.

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8.0 CDEA Guarantee Fund Pitch to EADB

CDEA pitching to EADB for the establishment of a regional Guarantee Fund for the Creative Industries Grace Matata, Musician – Moderator Presenter – Ayeta Anne Wangusa –CDEA, Executive Director Generic information and the key points made Heva Fund is the only impact investor supporting the creative sector in East Africa, all other impact investors are not funding creatives. To address this, Bayimba Foundation (Uganda), The Nest Collective (Kenya) and CDEA (Tanzania) are looking to launch the East Africa Social Impact Fund for the creative industry in 2019. There is already a party that is willing to support it.

The Pitch : • East African member states should lobby development partners like the World Bank and DFID’s Global Impact program to create a guarantee fund for the creative sector in East Africa.

• It is proposed that the fund should be managed by the East Africa Development Bank (EADB) on behalf of the East African States. This mechanism can serve as insurance for financial intermediaries.

• West Africa has a successful model that now serves 15 francophone countries and we could model ours against theirs.

• The fund should support IP valuation by helping the creative sector to source experts like IP valuers to measure the value of creative assets • The Fund should support research and advocacy that produces relevant data to support IP securitization. There should also be efforts to integrate into the East Africa capital markets.

• There is a need to map the ecosystem of the players in the creative industry in order to support all the needs of the industry – technical advisors, managers, data collection and monitoring, business development advisors, IP advocates, research organizations, etc.

Comments from the audience and response to the pitch • The Tanzania Data Center monitors the air play of broadcasters. Who monitors the Data Center? The Data Center is owned by the Government of Tanzania and works closely with COSOTA. • Creatives need patient capital. Capital that will not harass them like commercial banks do.

Kenya has it in the form of Heva Fund. Tanzania and Uganda need to create something similar.

• Creatives should not fear engaging Revenue Authorities. In Kenya there is a tourism levy that goes into a tourism trust fund and is used to support cultural activities.

• The objective of the Guarantee Fund is to grow the creative sector in East Africa, so it will provide incubators to teach creatives the basics (book keeping, registration, etc.) and move them to the accelerator stage. It will also support research, data monitoring in the region, etc.

• We should not look at just loans but a mixed model of financing that provides loans and grants.

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9.0 World Cafe Notes

Participants of the conference during a world cafĂŠ conversation

Question 1: “What strategy needs to be in place to strengthen copyright offices and Copyright Management Offices in East Africa? ” Self-Awareness: Copyright and copyright management offices should know “where they have come from, where they currently are and where they are heading”. These three things will help to center them on the goals they made and focus on doing better. It will also make them see past mistakes and concentrate on fixing them and making improvements.

Financing : The government should support the copyright offices and copyright management offices financially. These offices should also raise funds through the enforcement of existing laws and regulations.

Advocacy on the role of copyright societies : The copyright societies should raise public awareness regarding the protection of creative works and the copyright societies’ role in doing this. They should encourage the public to support them in protecting copyrighted works.

Raising awareness so that artists utilize the services available: Many artists do not know about intellectual property rights nor their rights to the things they have created. Copyright societies should use platforms like social media and conferences to raise artists’ awareness.

They should also train artists to become ambassadors on intellectual property issues to their communities.

Anti-piracy security devices: These devises assist rights holders, law enforcement agencies and members of the public to differentiate between genuine and pirated work. Copyright societies should promote the use of these anti-piracy security devices in order to protect the value of genuine works. Also, this activity would indirectly provide knowledge on intellectual property rights and the role of copyright societies in protecting them.

Copyright policies: The right regulations should be in place and should be made known to creatives and the consumers of creative content. When people have knowledge, it will be easier to counteract unintentional piracy.

Question 2: “What systems and structures need to be in place for intellectual property valuation, monetization and financing of the creative industries in East Africa?”

Political will. Government should be willing to protect intellectual property rights and show this willingness by passing the correct laws, regulations and policies that enable creatives to benefit from their work. It also needs to enforce these laws.

Policy framework and strategies: IP policy frameworks should be created, along with corresponding administrative and regulatory structures, and all these should be kept up-to-date. There should be proper implementation plans that are operationalized, well managed and reviewed from time to time. A review of intellectual property assets should be done.

Organized and formalized beneficiaries: Beneficiaries being the legal entity that receives the benefits from the intellectual property. They should be formalized and well organized, and should have the necessary knowledge on intellectual property to make communication with them easier. They should know about qualitative and quantitative characteristics of intellectual property, legal rights and restrictions, historical growth and prospects for the future.

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This is needed so we can cope with changes in the global economic environment which influence the development of business models where intellectual property is a central element establishing value and potential growth.

Internal systems: Internal systems are needed to keep records of IP assets. These IP asset management systems should be digital and should cover all aspects of IP including relevant policies, compliance procedures, related agreements, and what actions need to be taken with respect to each intellectual property asset or portfolio of such assets. There should be systematic reviews of the intellectual property owned, used or acquired by artists so we can assess and manage risks, remedy problems and implement best practices.

Online protection mechanisms: We need to have technical expertise to support the distribution of digital intellectual property on the internet. This means having the necessary tools to enforce our IP policies (hardware, software, high speed networks) that are reliable, produce quick results and are easy to manage.

Venture capital: IP is more attractive to venture capital investors because of the importance of intellectual property assets, as the appropriate use of intellectual property system may bring high rates of return on the investment. Hence it is important to develop the venture capital sectoras well asthe recognition of intellectual property as a capital asset that can be used by financial institutions as collateral to obtain business finance.

Capacity building: There is a need to improve the intellectual knowledge and expertise of intellectual property office personnel, so they can deliver quality service to creatives. The World Intellectual Property Organization (WIPO) and the African Regional Intellectual Property Organization (ARIPO) can help East African countries to upgrade skills and technical knowledge of intellectual property. Intellectual property offices need to target innovators and encourage them to use the facilities they offer, including access to intellectual property databases, many of which are free of charge. Awareness can be created in multiple ways: through workshops and training programs, by disseminating well-crafted publicity materials and posting timely and accurate information on internet websites.

Question 3: “What needs to be done to make the creative economy ecosystem attractive to financiers?”

Educate the creators: IP offices need to educate creators on how to manage their finances.

They need to make creators realize their brands and create an economic monopoly of their IP through registration of their businesses, patents; trademarks and services they provide so they can attract financiers.IP offices can develop information and practical resources for creatives on available sources of funding and associated requirements from potential financiers.

Furthermore, advice from professionals like IP lawyers and accountants on how to manage business finances, write well informed business plans, registration of businesses, etc. can be very advantageous and act as source of education to creators, thus helping them to improve the effectiveness of their pitch and making it easier for financiers to support them.

Have business plans: For creators to attract financiers, they need to have in place a very well informed business plan that will enable financiers to know the creator’s general ideas regarding their creative businesses, the amount of capital to be injected in the business and the profit expected to be made by the business. Since the primary aim of the financial institution is to make profit this information will interest the financiers to invest in the creative economy.

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Enforcement of relevant existing laws and regulations: Effectiveness of any law depends on the level of its enforcement. The same applies to Intellectual Property laws. For the sector to attract financiers, regulations governing it should be enforced accordingly and to their entirety so as to create a safe environment for financiers to invest in the creative economy and support creators.

Registration of businesses: For creators to engage in formal dealings it is important to properly register their businesses with relevant authorities. This will enable to financiers to support and invest in the creative economy. Financiers do not invest in a business which is not legally registered to avoid loss. But when a business is legally registered it is easier for financiers to obtain the necessary information and make follow up when the need arises since their main focus is to do business and profit from it.

Records keeping: For creators to attract financiers to invest in the creative economy there is a need for them to keep books of accounts containing their financial records showing how revenues are generated and funds used. They need to be able to provide the records when needed by financiers for the purpose of investment or allocating funds. It is very hard for financiers to fund a creative business or a creator without a guarantee of whether the funds will be properly used. Additionally creators need to keep records of what they are doing, or have done in the past, so they can identify and showcase their successes, which is helpful in attracting financiers.

Creation of a creative database: There needs to be a well-informed system that can provide statistical information on creators and profile the value of the creative economy. This system should provide all the data and information that financiers need to support the creative economy.

Harmonizing intellectual property laws with commercial laws: There is a conflict between intellectual property laws and commercial laws on what can be used as collateral. Therefore, there is a need to develop appropriate and non-conflicting rules that will enable intellectual property assets to be accepted as collateral by financial institution so creators can get credit from financiers.

Partneringwithmediaandusedigitalplatformstoshowcasetheircreations: Creators can also play a vital role in attracting financiers to the creative economy by showcasing their creations and inviting financiers to see what creative economy has to offer.

Awards for business leaders in creative sector/successful work in creative sector: This can help to attract financiers to get involved in sponsoring/funding creative businesses since financiers who will sponsor a creator and use him/her as a brand ambassador will be able to be advertised by that creator. So both the creator and the financiers will benefit from one another.

Question 4: “How are creative entrepreneurs contributing to social and environmental development in East Africa?”

They solve social problems: Because they use their imagination to create new things, creative entrepreneurs often come up with solutions to social problems.

They create employment : By setting up various businesses and establishments, creative entrepreneurs generate employment in the economy, providing incomes to employees who can then meet their daily needs. Successful entrepreneurs also stimulate other people to join the entrepreneurialsector or get employed in existing entrepreneurial initiatives.

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They help in reducing poverty : Creative entrepreneurs contribute to poverty reduction when they create employment through start-ups or the expansion of existing initiatives. They increase the social wealth by creating new markets, new technology and new jobs.

Entrepreneurship boosts economic growth, enhances skills attainment and increases the rate of economic activity. Developing countries can focus their innovation, creativity, talent and resources to overcome poverty, create more jobs, enhance their global trade opportunities and reduce the incidence of poverty.

They invent new products: Entrepreneurs create new businesses in response to unmet needs and demands in the market – that is they see an opportunity and produce products or services that are not currently in existence or otherwise available. When entrepreneurs come up with new product ideas, they actually advance mankind into a new way of living.

They contribute to addressing environmental challenges: Creative entrepreneurs help address the enormous environmental challenges we face today like climate change, lowering global greenhouse gas emission and preserving biodiversity in the environment. They do this through the technology they invent like irrigation systems, clean energy and urban infrastructure.

They increase Government revenues: Entrepreneurial ventures generate new wealth. New and improved products, services or technology from entrepreneurs enable new markets to be developed and new wealth to be created. It increases employment and higher earnings contribute to better national income in the form of higher tax revenue and higher government spending on development.

Question 5: “How can we ensure the creative industries in East Africa have access to sustainable financing?”

Formation of unified teams: Creatives should work together to form unified sub-sectors within the creative industry. Existence of these sub-sectors will make coordination among creatives much easier and will encourage even the weak and marginalized creators to benefit both socially and financially.

Meeting market demands: Creatives should learn to target theirs customers before they start creating products. This will ensure that the products they make are attractive to consumers.

Creatives should partner with others in the advertising process to reduce costs.

Awareness of regulations: The creative industry needs to be aware of the regulations provided by government. Currently governments in East Africa are working on various proposalsto create art funds to help support creatives. Being aware of the policies will help creatives to understand the kind of financial support that government is making available to them.

Awareness raising: Most creatives lack understanding about how loan applications are assessed. They need training to build up their financial knowledge and advice on creating suitable business plans. Government should initiate small business mentor networks for them.

On the financiers’ side, they need to work more closely with creatives and get advisors who understand the workings of the creative industry.

Record keeping: Creatives need to keep good records of their business so they can provide banks with a clear picture of their past performance.

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Business assets: Creatives need to make sure they have a business asset they can offer as collateral in order to be in a better position to access finance, especially if the source of the finance is a financial institution like a bank.

Support for innovation: Creatives should look to partner with large corporations outside the creative field. If they have an innovative product that can create a high demand, it is easier for corporations to partner with them because they can foresee high returns from the sales of the product.

Provision of incentives: Government regulatory bodies need to support the creative industry to minimize costs through tax incentives and other incentives that smoothen operational processes. Minimization of costs involved during production will ensure maximization of profits.

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10.0 Closing Remarks

Closing Remarks DR HARISSON GEORGE MWAKYEMBE

Hon. Dr Harisson George Mwakyembe, Minister of Culture, Information, Arts and Sports

The fast-growing creative industry sector is an important one because it employs a big number of our youth – possibly, it is the largest employer of youth in East Africa.

However, the sector faces a lot of challenges.

As East African States, we are not prepared in our laws and structures to deal with this sector.

Yes, our countries have laws and regulations that govern the creative sector, however these are not adequate and cannot keep up with the rapid technological changes in the creative industries. We do not even have proper data on the creative industry.

Capacity is a major constraint. How financially and technologically positioned are we to keep pace with fast growing, fast changing technology and ensure our young entrepreneurs are not being exploited? Yes, platforms like YouTube offer good solutions but how can we verify the data that they give to us is correct? In this digital era, how do you battle unfettered downloading of IP works? Do our IP regulators and enforcers have adequate digital capability to deal with the serious issue of piracy?

Lack of awareness of IP rights plays a big part in piracy within our own region. In Kariakoo there is an entire section where people sit and openly sell pirated music and films. When you try to stop them, they complain that you are trying to remove them from the premises (where they have been assured by the President they can stay). They do not understand that the issue is not the premises but rather that the business of selling IP protected works is illegal.

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These challenges are big but can be tackled if creatives, regulators and all the relevant stakeholders work together as one. We require an East African solution – not only in harmonizing cross-border laws but also harmonizing the regional creative industries policies, hence the region’s entire IP regime.

The EAC is currently working on a new EAC IP Policy, however, changes in the EAC Member States are done by consensus and this process can take many years to complete. It will take many years if the creative sector adopts a passive stance, a ‘let’s wait and see’ attitude. We all need to push our individual States to ensure that there is momentum and urgency to make changes. Once the policy is in place, I foresee creatives being paid for their work by broadcasters instead of the other way round, which has been the practice.

For the 3rdMashariki IP Conference, I propose that the organizers work with the Ministry of Culture, Information, Arts and Sports to make it a bigger and more impactful event. This conference brings out a lot of important issues that all the relevant players need to hear. The Minister of Finance, Permanent Secretaries, Tanzania Revenue Authority and many others need be involved in these discussions. Let us hold the next conference in Arusha so that counterparts from other EA States can also participate. I promise that if you engage me early, I will work hand in hand with you and provide the support that is needed for the 3rdMashariki conference.

Below is the summary of the action points and recommendations that emerged from the 2ndMasharikiCreative Economy Impact Investment Conference:

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11.0 Action Points and Recommendations

Action Points Specific action points that need to be followed up are as follows: 1. CDEA in collaboration with selected EAC member states to carry out an audit of the economic impact of the creative industries at micro and macro level and share findings at next conference 2. CDEA, COSOTA and CISAC have agreed in principle to have a follow up policy conference in Arusha to push the EAC to have the creative industries IP agenda for the region.

3. CRDB Bank PLC is willing to create a tailor-made financing product for the creatives industry. As a post-Mashariki Conference activity, stakeholders should come up with a proposal for CRDB to consider.

4. CDEA to follow up on the proposal made by Hon. Harisson Mwakyembe that: The 3rdMashariki IP Conference should be organized in collaboration with the Ministry of Culture, Information, Arts and Sports and should be held in Arusha to ensure participation of high level government officials from EAC member states. Hon. Mwakyembe promised close cooperation if his ministry is engaged early.

5. CDEA to lobby EAC member states for the creation of the East Africa Creative Industries Guarantee Fund managed by the East African Development Bank (EADB) Recommendations: General recommendations from the Conference were as follows: 1. EAC Governments need to ratify all the international treaties, update their IP laws, and harmonize everything across the region. They need to have adequate frameworks, policies and structures that cater for collection and enforcement, as well as digitization of systems to increase efficiency.

2. AC Governments need to prioritise collection of national data on the flow of creative goods and services so their wealth potential can be seen and valued. They also need to factor Culture Statistics in the national statistical frameworks, and establish a regional statistical Framework in line with the UNESCO guidelines on Culture Statistics.

3. EAC Governments need to create IP registries that show who owns what and for how long so the information can be used for collateralization.

4. EAC needs to create a regional CMO (or the national ones need to work as one) to implement all national and international IP laws so that creators benefit.

5. CMOs and regulators need to raise awareness of IP rights to all stakeholders (owners and users).

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6. Mashariki Creative Economy Impact Investment Conference should be used as an IP platform for ‘one voice’ in the EAC platform.

7. Creators need to have a regional platform where their voice can be heard.

8. Creatives need to treat their creative endeavours as a business and keep a record of their activities.

9. Need to improve the operational efficiency of CMOs in East Africa to be able to license broadcasters, DSPs and telcoms and collect royalties 10. Improve the governance and management of CMOs in East Africa 11. Enhancing the legal and institutional frameworks to support private copying levy schemes in EAC member states 12. Need to enhance the EAC member states to provide economic and legislative frameworks for IP securitization.

13. Need for the EAC member states to create and enact IP securitization regulation and enforcement mechanisms for creative industries. The regulation can be set up through law on securitization, financial law, corporate law, capital market law, and/or modification of bankruptcy and collateral laws

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12.0 Biographies of Panelists and Moderators

Hon. Harrision George Mwakyembe, Minister of Information, Culture, Arts and Sports, Tanzania Dr. Mwakyembe holds a Post graduate certificate in Intellectual Property through the University of Turin , a Master of Laws LLM from the University of Hamburg, and a Doctor of Philosophy (Ph.D.) in Law from the University of Hamburg.

Aristide Mbwasi, Acting Director, Department of Investment in the Ministry of Industry, Trade and Investment He is a senior economist with 13 years in the Ministry of Trade and Industry of Tanzania. Prior to his appointment as Acting Director, Department of Investment in the Ministry of Industry, Trade and Investment, he worked as the Private Secretary to the Tanzania Minister of Industry, Trade and Investment

Godfrey Madaraka Nyerere –Board Chair, CDEA Mr. Madaraka is the Marketing Director, JKN Hotels Limited, Butiama, Tanzania. He is also the Butiama Cultural Tourism Enterprise (BCTE) began operations in August 2008 from the village of Butiama and is part of a network of community-based Tanzanian organizations participating in the Cultural Tourism Program administered by the Tanzania Tourism Board, and working within the guidelines of the Cultural Tourism Programme of Tanzania’s Ministry of Natural Resources and Tourism.

Ayeta Anne Wangusa, Executive Director, CDEA Ayeta Anne Wangusa is a creative social entrepreneur with interest in the creative economy, cultural policy and sustainable cities. She is a member of the Expert Facility for UNESCO 2005 Convention and Steering Committee member for the African Cultural Policy Network (ACPN).

She is the Executive Director of Culture and Development East Africa (CDEA), a creative think tank based in Dar es Salaam and curator of the Mashariki Creative Economy Impact Investment Conference, an annual Multi-Stakeholder Platform (MSP) to improve the investment ecosystem for the creative industries in East Africa.

Hilda Twongyeirwe, Executive Director, FEMRITE, Uganda – Moderator She is a founding member of FEMRITE. Her work in literature sector has covered programmes development, advocacy, evaluation and organizational development with NGOs such as FEMRITE, NABOTU, Reading Association of Uganda, Arterial Network, East African Civil Society Organizations Forum (EACSOF) & African - Asian Writers Union (AAWU).

Panelists : Samuel Sangwa, Africa Regional Director, CISAC He is responsible for coordinating the activities of member societies in Africa, the promotion of laws relating to intellectual property in creative works and the development of an eective network of collective management societies. Sangwa has over 10 years of experience in building cultural and creative industry capacities, private sector development, activating community business and international cooperation in the cultural sector.

Doreen Sinare, CEO COSOTA, Tanzania Doreen Anthony Sinare is the Chief Executive Officer and Copyright Administrator of the Copyright Society of Tanzania (COSOTA). She did her LLB at Iringa University in 2004. Between 2005 and 2008 worked with the President’s Office, in 2008 became an Advocate, Notary Public and Commissioner for Oath in Tanzania before joining the Copyright Society of Tanzania (COSOTA) in January 2009 as the Principal Copyright Documentation Officer. In 2012 did her Masters in Intellectual Property and Competition Law, at the Munich Intellectual Property Law Center (MIPLC), German. Between March and December 2013 became the Acting Chief Executive Officer and Copyright Administrator. From December 2013 she became the Chief Executive Officer and Copyright Administrator

Edward Kipsigei, CEO, KECOBO, Kenya Edward Kipsigei is a lawyer and CEO of The Kenya Copyright Board (KECOBO), a State Corporation under the Office of the Attorney General & the Department of Justice. It was established by section 3 of the Copyright Act 2001 and mandated with the administration and enforcement of copyright and related rights. The Board is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works.

James Wasula, CEO, UPRS, Uganda James Wasula specialized in IP Laws at the University of South Africa and as a result he participated in drafting all IP laws in Uganda since 1996. He has been the General Secretary for the Uganda Performing Rights Society (UPRS) from 1985 to date. Besides that, he is also the Director Uganda Reproductive Rights Organization, Executive Director Afrigo Band, chairman of the Creative Industries Technical Working Group of the Presidential Investors Round Table and a retired football referee.

Torriano Salamba, President, TPPRL, Tanzania Torriano Salamba is a copyright lawyer from Dar es Salaam, Tanzania. He works as th president of Tanzania Performing and Publishing Rights Limited (TPPRL), a company that specializes in royalty collection

Samuel Onyango, Operations Manager, MPAKE, Kenya Samuel Onyango alias Chesky, Operations Manager at Music Publishers association of Kenya (MPAKE), a non-profit organization licensed by government to collect royalties on behalf of Authors, Composers, Arrangers and Publishers. His role at MPAKE is to champion Copyright awareness amongst the rights holders (musicians) and the public at large. He is currently pursuing Law degree at Catholic University (with special interest on Intellectual Property Law), having attained a certificate from Ohio University 3 years ago. He has worked with the Ministry of Youth affairs and was part of the committee tasked with creation of the Music Bill 2016 and revision of the copyright amendment bill 2017. He have vast experience on copyright and a background in Music (having published a number of musicians). He is also currently affiliated with a number of music groups in Kenya as a legal advisor.

High level Panel 2 Dr Saudin Mwakaje, Attorney and lecturer at University of Dar es Salaam –Moderator Dr. Mwakaje is a specialist in intellectual property and investment law. He advises clients on the acquisition, maintenance, and management of intellectual property rights; acquisition of certificates of investment incentives, and regulation of capital market and securities, telecom and energy related investments/companies.

June Gachui, Musician/IP lawyer, Kenya She is the Principal Consultant at June Gachui Intellectual Property (JGIP) Consultants, a lawyer, singer and actress. JGIP Consultancy offers a wide range of IP services, including training for schools and affected sectors/industries, IP legal services, general consulting services for all creative entrepreneurs across all sectors as well as corporates, individuals, education institutions.

We are also working towards being the go-to link to the African continent for IP matters.

Norman Mbabazi, Intellectual Centre/IP lawyer, Uganda

Property

Norman Mbabazi is the Director Copyright, Cultural and Creative Economy at the Intectual Property Centre. He has worked as a legal assistant in M/s.

Nyanzi, Kiboneka and Mbabazi Advocates whereat he is a practicing IP attorney. Through practice, Norman is and continues to be an accomplished trial advocate in intellectual property. Mr. Mbabazi is an emerging strength in IP in Uganda as he has assisted establish the IP training Institute in Uganda (national Institute of Intellectual Property (NIIPM)) and his vast experience has helped the IP Centre to emerge as a force for good in IP in Uganda

Sunday Ndamugoba, ABC Attorneys, Tanzania He is partner at ABC Attorneys specializes in trademarks. He attained my Law degree in 2008 at Tumaini Iringa University in Tanzania and went on to persue a Masters of Law Degree in International Business and Commercial Law from the Liverpool John Moores University in England. I also underwent a certificate course in Protocol and Public relations at The Centre For Foreign Relations which places me in a better understanding of the international relations as well as a a recent attendance to the course on Conduct and Practice of Arbitration organised by the Tanzania Institute Of Arbitrators.

John Kitime -Musician, Tanzania John Kitime is guitarist and a vocalist from Dar es Salaam, Tanzania. He is a member of a band called the Kilimanjaro Band. He is well-known for playing the electric guitar. He is also part of a duo group called Wahenga. Since 1999, he has performed with a number of bands in the country. He also has a breadth of knowledge about copyright issues

Dr. Keith Nurse, International Creative Industries Expert Dr. Keith Nurse, who is a dual British/Trinidad and Tobago national, is the World Trade Organization Chair and Senior Fellow at the Sir Arthur Lewis Institute for Social and Economic Studies, University of the West Indies. Dr. Nurse is also the chair of CaribbeanTales Worldwide Distribution Inc. and co-founder of the CaribbeanTales Incubator. He is the executive producer of the docudrama “Forward Home: The Power of the Caribbean Diaspora”.

Gertrude Ngenda, –Moderator

CDEA

Board

Member

Gertrude Ngenda is a Research Fellow at the University of Zambia’s Institute for Economic and Social Research. In the Urban development Research Programme. She holds a Bachelor of Agriculture Sciences degree, a Post Graduate Diploma in Rural Policy and Project Planning, a Master of Science degree in Regional and Urban Planning and a Masters in Policy Studies.

Gertrude has over 25 years of work experience in the Africa Region in Policy and Strategy Development, Regional and Urban Development and Environmental Sustainability and the living environment, delivering and managing projects and programmes as well as research and development

Johnson Mshana, Public Multichoice, Tanzania

Relations

Head,

MultiChoice Africa is a video entertainment company in Africa that uses the power of entertainment to enrich lives. The company make the best in entertainment accessible to millions of households in 49 countries across Sub-Saharan Africa through cutting-edge technology on our DStv and GOtv platforms.

Jane Okot P’ BitekLangoya, Deputy Registrar General (Registries) URBS, Uganda She is a lawyer by training and holds a MBA (entrepreneurship and business venturing). Her specialties are: a company secretarial and board affairs, corporate governance, business management and administration and legal consultation.

Emmanuel Kakwezi, Acting Chief Executive Officer,BRELA, Tanzania Emmanuel Kakwezi is currently Acting Chief Executive Officer of the Business Registrations and Licensing Agency (BRELA) which is Tanzania’s National Intellectual Property Office. He is a graduate holder of LL.B and LL.M from the University of Dar es salaam, he has more than 18 years of legal expertise as a lawyer and more than 15 years as Advocate of the High Court of Tanzania and Administrator of Trademarks and Patents. He has handled matters of Trademarks and Patents, and has dealt with Innovation and Designs.

He has practical knowledge of use of Intellectual Property in the space of public and private sector having worked as Deputy Registrar of Patents and Trade Marks at the Business Registrations and Licensing Agency (BRELA).

High level Panel 4 Bernard Bakaye Lubega, EAC Principal Culture and Sports Officer (EAC) –Moderator Bakaye Lubega is a Culture Policy Expert and currently the Head of the Culture and Sports department of the East African Community (EAC), an Inter-governmental organization composed of six Partner States; the Republic of Burundi, Republic of Kenya, Republic of Rwanda, Republic of Uganda, Republic of South Sudan and the United Republic of Tanzania with its headquarters inArusha, Tanzania.

Godfrey Mngereza, Executive National Arts Council/BASATA

Secretary,

Baraza la Sanaa la Taifa (BASATA; Swahili for National Arts Council) is the national council founded in 1984 by government legislation to serve as a facilitator and promoter of Tanzanian arts, music and theatre arts.

Michael Pundo, Principal Cultural Ministry of Sports and Heritage, Kenya

Officer,

Currently, Mr. Pundo is a Principal Cultural Officer in the Ministry of Sports, Culture and Heritage in the Division of Diversity and Cultural Expressions, where he coordinates the creative economy programmes among other activities touching on cultural expression. He also represents the Department of Culture in the Creative Economy Working Group (Kenya), an organization that advocates for the advancement of the creative and cultural economy sector in Kenya through improving intra-sectoral engagement and engagement of sector practitioners and government bodies.

Eunice Tumwebaze, Assistant Commissioner Culture, Ministry of Gender and Community Development, Uganda She works as an Assistant Commissioner Culture and Head of the Culture Division in the Ministry of Gender Labour and Social Development, Kampala.

She contributes to the implementation of the Uganda National Culture Policy, trying to unleash the potential that culture and creative industries can have in the socio-economic development of the country. Her role is to come up with innovative ways to use the culture sector to improve the livelihoods of the youth by making it more innovative and attractive.

Irene Kusiima, Director Administration, Bayimba

-Research

and

She works for Bayimba (Cultural) Foundation is a (not-for-proďŹ t) company limited by guarantee. The Foundation is the genesis of the Bayimba venture. It is the machine room of Bayimba where all programmes, activities, initiatives and entities originate and sprout from. Within the evolving Bayimba set-up, the Foundation will continue to play this role of initiator and pioneer and kick-start programmes and initiatives that are deemed necessary to develop the arts and culture in Uganda and East Africa.

Robert Mwampembwa, Tanzania Visual Arts Association Robert Mwampembwa is a Tanzanian creator of humorous comics and cartoons. His work has appeared in all major papers in the country, and also in Kenya and Uganda. Among his comics are such titles as the humorous 'Bimkora' panels and 'Tatizo', the story of a street kid.

Elizabeth Mbabazi Kagwa, CDEA Advisory Board member –Moderator Elizabeth Mbabazi-Kagwa is an artist, fashion designer, art manager with diverse and commendable skills in contemporary art, fashion design and art gallery’s operations in Kampala and attained formal training from Makerere University and added cultural entrepreneurial training from the African Arts Institute in Cape Town, South Africa.

Elizabeth currently manages the leading contemporary art gallery in Kampala; Afriart gallery and also lectures Fashion Design at St. Lawrence University.

Godfrey Ng’urah, Principle SME Relationship Manager, CRDB Bank PLC, Tanzania He is responsible for for developing, improving and guiding automatic Party/customer segmentation solutions in the core banking system. For the next five years; customer segmentation strategy has been identified as one of the levels for prioritization to offer segment-specific products with smart features to address customized client needs.

Kendi Kamwambia, Support and Compliance Manager, Heva Fund, Kenya Ms. Kamwambia has over three years’ experience in accounts and administration and has been responsible for financial data processing and budgeting, debtors and creditors management.

She also has extensive knowledge in tax and statutory deductions administration. She provides accounting and cash-flow management support as well as monitoring the performance of portfolios.

Kendi is an ACCA affiliate and has a Bachelor’s Degree in Finance and Accounting from Strathmore University.

Grace Matata, musician, Tanzania –Moderator Grace is a 2015 Kilimanjaro Music Awards nominee and afro-soul & RnB singer/songwriter from Tanzania.

She describes her music as “a unique blend of Swahili soul, RnB and jazz with a special touch of poetry and light, heartwarming melodies”. She has established the montlhy Coffee House Sessions (“CHS”) to give emerging musicians a platform