Respecting The Creative Spirit: A Legal Perspective On Copyright Infringement In Ethiopia By Ashenafi Yirga , Partner At 5A Law Firm LLP

Respecting the Creative Spirit

Creativity is the heartbeat of a nation. The stories we tell, the songs we sing, the art we share-all of these define who we are as a people. As lawyers and advocates for justice, we must ensure that the law not only protects rights but also honors the imagination and cultural soul of our society.

Recently, the respected author Alex Abreham expressed his deep frustration when his literary work was illegally adapted, performed, and circulated on platforms such as TikTok, radio, and other media outlets-without his consent.

This type of unauthorized use is more than a moral wrong. It is a clear violation of Ethiopia's copyright laws. Protecting the works of authors, artists, musicians, and innovators is both a legal duty and a cultural responsibility.

1. What the Law Says

Ethiopia's Copyright and Neighboring Rights Proclamation No. 410/2004 grants authors exclusive rights over their original works-literary, dramatic, musical, artistic, and audiovisual.

2. Authors' Rights under the Law

Moral Rights (Article 8)

• To be recognized as the author of the work.

• To object to any distortion, mutilation, or modification that harms the author's honor or reputation.

Economic Rights (Article 7)

• To reproduce the work in any form.

• To communicate the work to the public (broadcasting, performance, online sharing).

• To distribute copies.

• To authorize adaptations or transformations (e.g., turning a novel into a play or film).

In practical terms: No individual, media outlet, or influencer may perform, adapt, distribute, or post a creative work-whether on TikTok, YouTube, radio, or stage-without the written permission of the author or rights holder.

3. Consequences of Copyright Infringement

Violating copyright is not trivial. It carries both civil and criminal liability in Ethiopia.

Civil Remedies (Articles 33, 34)

• Injunctions to stop the unlawful act.

• Compensation for damages.

• Seizure and destruction of infringing copies.

Criminal Penalties (Article 30)

• Fines, and/or

• Imprisonment of up to five years, depending on the seriousness of the offense.

These measures exist to protect the dignity and livelihood of authors, while also safeguarding society's interest in fostering creativity.

4. Who Can Use a Creative Work?

Only the author-or a legally licensed or assigned individual/institution-may:

• Publicly perform a work (drama, music, readings).

• Broadcast or distribute it on any medium.

• Post or monetize it online.

• Adapt it into another format (book → film, music → remix, etc.).

Any use without prior authorization is illegal, regardless of whether it is commercial or not.

5. International Frameworks Protecting Authors

Ethiopia is aligned with global copyright protection mechanisms, including:

The Berne Convention for the Protection of Literary and Artistic Works:

• Grants automatic protection without the need for registration.

• Ensures recognition of rights across member states.

WIPO Treaties:

• Strengthen digital copyright protections worldwide.

These frameworks ensure that Ethiopian authors' rights are respected beyond national borders.

6. A Call to Action

The misuse of creative works is not simply a private wrong-it is cultural theft. As Alex put it: "ሌብነት ነው" (It is theft).

• To creators: Know that you have strong legal tools at your disposal.

• To media producers, performers, and influencers: Always seek permission before using others' works.

• To fellow lawyers and citizens: Let us stand firm in defending the creative spirit of Ethiopia.

7. Practical Checklist for Creators in Ethiopia

If you are an author, musician, artist, or innovator, here are 5 key steps to protect your work:

1. Document Your Work - Keep original drafts, files, or recordings as proof of ownership.

2. Use Written Agreements - When licensing your work, always use written contracts specifying scope, duration, and compensation.

3. Register with Relevant Authorities - While copyright exists automatically, voluntary registration with cultural or media authorities can strengthen your legal position.

4. Monitor Use of Your Work - Regularly check social media, streaming platforms, and media outlets for unauthorized use.

5. Seek Legal Support Early - If you suspect infringement, consult a legal expert immediately to preserve your rights and act quickly.

Final Words

Respecting copyright is more than legal compliance-it is about honoring the imagination that defines us as a people. When we safeguard the rights of authors and creators, we protect Ethiopia's cultural soul and ensure that creativity continues to flourish.

At 5A Law Firm LLP, we remain committed to defending intellectual property rights and ensuring that justice protects not only the letter of the law, but also the spirit of creativity that gives life to our society.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.