(COSOMA) Copyright Society of Malawi

Organisation

The Copyright Society of Malawi was established in 1992 pursuant to the Section 4 of the Copyright, Act 2016 which repealed the 1989 Act.. Since its establishment, it has licensed broadcasting and performing rights in the area of music. In 1999, it introduced the administration of mechanical rights also in the area of music. In 2000, it started the administration of reprographic rights. The Society now plans to start licensing private copy levy and Public Lending Rights.

Year Financial

1st July to 30th June

Year Incorporated

1992

Year First Distribution

2015

Board Members Method

The Chairperson is elected by the General Assembly. Five members of the board are elected by the rights holders, three representing musicians and two representing all rights holder association. Three are ex-officio members elected by the Government.

Board Members Number

9

Author Reps Number

1

Remarks Board

The Chairman who is supposed to be a member of the Society is elected by the General Assembly and appointed by Government, five representatives of associations elected by the rights holder associations and three ex-officio members elected by the Government representing the Ministry responsible for Culture, Ministry of Justice and the Department of Statutory Corporations.

Member Associations Number

10

Pub Associations Number

1

Creators Associations Number

9

Rights Holders Number

9099

Remarks Members

10 Rights holder associations. and 9099 individual members mainly musicians.

Staff Number

28

National Legislation Type

Common Law

Licensing System

Extended Collective Licence

Mandating Rights Holders

10

Reprographic Licences Types of Institutions

Educational institutions such as public and private universities; public and private colleges, technical training college, secondary schools, internet cafes which offer photocopying services and copy shops.

Reprographic Licences Types of Uses

Use of copyright protected works mainly at tertiary institutions, secondary schools and reproduction by copy shop owners.

Reprographic Licences Types of Works

All copyright protected works namely books, pamphlets, poems, visual arts, photographs, lyrics, illustrations etc.

Reprographic Pilot Projects

Implementation of a Public Lending Right Scheme.

Digital Licences Types of Institutions

Universities, colleges and other training institutions; secondary schools and copy shops

Digital Licences Types of Uses

Digital downloads

Digital Licences Types of Works

All literary and artistic works

Digital Pilot Projects

Public Lending Rights administration

Other Agreements RROs

CLA and CCC

Other Areas Licensing

Mechanical rights, Broadcasting and performing rights in the area of music

Admin Percentage

30

Administration Charge

++153,658,187

Amount Business

++0

Amount Collected Licensing Reprographic

++109,220,253

Amount Collected Nationally Licensing Reprographic

++109,220,253

Amount Collected PLR

++0

Amount Collected Total

++736,284,578

Amount Collecting Societies

++0

Amount Distributed Licensing

++582,626,391

Amount Distributed Licensing Reprographic

++5,865,632

Amount Distributed National Rightsholders

++5,865,632

Amount Distributed National Rightsholders Reprographic

++5,865,632

Amount Distributed PLR

++0

Amount Distributed RROs Foreign

++0

Amount Further Education

++0

Amount Government

++0

Amount Higher Education

++0

Amount Individual Artists

++5,865,632

Amount Levies Equipment

++672,271,863

Amount Other Sectors

++0

Amount Received RROs Worldwide Licensing

++0

Amount Received RROs Worldwide Licensing Reprographic

++0

Amount Schools

++8,379,474

Author Publisher Split

40/60

Bilateral Agreements Type A With

Proposed one with DALRO.

Bilateral Agreements Type B Number

6

Bilateral Agreements Type B With

Kopinor,CADRA, MASA and JAC, ZARSSO, URRO

Cultural Social Deductions Percentage

10 deducted from licensing of musical works only

Dist Method Both Specific Flag

Yes

Dist Method Other

Title-speficic for musical works

New Developments & Court Cases

We have two cases on book piracy. One was concluded recently and the pirate was convicted but not fined. The Society has appealed that case. In another case, a pirate was caught pirating books of another local publisher. The case is still in court.

New Developments Legislation

In pursuant to Section 102 of the Copyright Act, 2016, COSOMA in conjunction with the Malawi Revenue Authority started collecting equipment levy which is distributed to all the rightsholders including authors and publishers of literary works.

New Developments Licensing

Successful implementation of the equipment levy. A number of regulations including for establishment of a Copyright Fund to support the development of the creative industries, for Public Lending Rights and others have been approved.

New Developments Other

6 police officers have been seconded to COSOMA since January 2021 to assist in enforcement of copyright.

New Developments Surveys

Conducted the feasibility study and the pilot survey on the extent of photocopying of copyright material and similar reproductions in 2005 and 2006. We have not been able to conduct any since then. Survey on the Economic contribution of Copyright-Based Industries to the Malawi Economy which showed that 3.46% of the National GDP is from the Copyright-Based Industries.

Outline Distribution Plan

We have our next distribution in July 2021 using a blending of both title-specific and non-title specific.

Publisher Reps Number

1

Publishers Percentage

60

Remarks Admin

Administrative costs are used to cater for expenses for licensing and other administrative-related matters.

Remarks Cultural Social Deductions

The money deducted for this purpose is primarily used to assist music composers in times of sickness and death.The Society contributes a fixed amount of money which was set by the General Assembly towards the members' sickness and death. The money is also used to finance participation of society members at the general assembly.

Remarks Financial

Reporting period: 1st July 2020 to March 2021

Remarks Staff

9 members are involved in the administration of reprography.

Text Authors Percentage

70 of the 40

Visual Material Authors Percentage

30% of 40%

Local Currency

MWK Malawi