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Copyright Society of Malawi

Submitted by admin on Wed, 07/07/2010 - 11:38
COSOMA, Copyright Society of Malawi
Off Paul Kagame Road
Next to the Malawi Rural Finance Company Office
Capital City
Lilongwe 3
P.O. Box 30784
Malawi
Phone
+265 1 751 148/ +265 1 752 717
Fax
+265 1 753 018
Website
http://www.cosoma.mw
Chief Executive Name
Ms Dora Makwinja
Chief Executive Title
Executive Director
Chief Executive Phone
+265 99 9 334 758;
Chief Executive Email
Key representative
Mr.Mutty Munkhondia
Title
Licensing Manager
Phone
+265 999 918 502
Key representative
Mr Hillary Chilomba
Title
Senior Licensing Officer
Phone
+265999220475
Key representative
Mr Steve Gangire
Title
Assistant Finance Officer & Head of Finance Department
Phone
+265995613770
Key representative
Mr Shadrick Kumtengo
Title
Head of Documentation and Distribution
Phone
+265888312941
History of the 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The Copyright Society of Malawi was established in 1992 pursuant to the Section 4 of the Copyright, Act 2016 which repealed the 1989 Act..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 of incorporation
1992
Year of first distribution
2015
Year of first collection
2003
Total number of Board Members
9
How are Board Members elected
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.
Total number of Author Representatives
1
Total number of Publisher Representatives
1
Remarks about the 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.
Total Number of Member Associations
10
Total Publishers' Associations
1
Total Creators' (authors and visual artists) Associations
9
Total Rights holders represented
9 099
Remarks about the members
10 Rights holder associations.
and 9099 individual members mainly musicians.
Staff total number
28
Remarks about staff
9 members are involved in the administration of reprography.
DATES OF FINANCIAL YEAR
1st July to 30th June
Type of National legislation
Common Law
Licensing system
Extended Collective Licence
Mandating Rights Holders
10
REPROGRAPHIC LICENCES - Types of works licensed
All copyright protected works namely books, pamphlets, poems, visual arts, photographs, lyrics, illustrations etc.
Types of uses licensed
Use of copyright protected works mainly at tertiary institutions, secondary schools and reproduction by copy shop owners.
Types of institutions/sectors licensed
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.
Pilot Projects
Implementation of a Public Lending Right Scheme.
DIGITAL LICENCES - Types of works licensed
All literary and artistic works
Types of uses licensed
Digital downloads
Types of institutions/sectors licensed
Universities, colleges and other training institutions; secondary schools and copy shops
Pilot Projects
Public Lending Rights administration
OTHER LICENCES - Public Lending Rights
off
Other areas of licensing
Mechanical rights, Broadcasting and performing rights in the area of music
Outline of Distribution plan and methodology used
We have our next distribution in July 2021 using a blending of both title-specific and non-title specific.
Distribution methods
Both title-specific distribution and non title-specific distribution
Other distribution method
Title-speficic for musical works
% Author/Publisher Split
40/60
Text authors’ % share
70% of the 40%
Publishers' % share
60%
Visual material authors’ % share
30% of 40%
Administration costs as a percentage
30
Are deductions for cultural and/or social purposes made?
yes
Cultural and social deductions combined as a percentage
10% deducted from licensing of musical works only
Remarks about administrative and other costs
Administrative costs are used to cater for expenses for licensing and other administrative-related matters.
Remarks about cultural an 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.
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 / 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 / surveys and statistics
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.

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.
Other new areas of development
6 police officers have been seconded to COSOMA since January 2021 to assist in enforcement of copyright.
Number of Bilateral agreements type A
0
Bilateral agreements type A with
Proposed one with DALRO.
Number of Bilateral agreements type B
6
Bilateral agreements type B with
Kopinor,CADRA, MASA and JAC, ZARSSO, URRO
Other agreements with RROs
CLA and CCC
Remarks about financial data
Reporting period: 1st July 2020 to March 2021
Total amount collected for all licensing
736 284 578.00
Total amount collected for reproduction licensing
109 220 253.00
Total amount collected nationally for reproduction licensing
109 220 253.00
Amount for schools
8 379 474.00
Amount for further education
0.00
Amount for higher education
0.00
Amount for government
0.00
Amount for business
0.00
Amount for other sector(s)
0.00
Levies on equipment and other mediums
672 271 863.00
Total amount collected for PLR
0.00
Total amount received for licensing from other RROs world-wide
0.00
Total amount received for reproduction licensing from other RROs world-wide
0.00
Total amount distributed from all licensing
582 626 391.00
Total amount distributed from reproduction licensing
5 865 632.00
Total amount distributed to national rightsholders
5 865 632.00
Total amount distributed to national rightsholders from reproduction licensing
5 865 632.00
to collecting societies only
0.00
to individual artists only
5 865 632.00
Total Amount distributed to foreign RROs
0.00
Total amount distributed from PLR
0.00
Administration Charge (actual figure)
153 658 187.00
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MWK Malawi