Analysis

March 22, 2022

Introduction

From a Kenyan perspective, Oriakhogba’s book will undoubtedly serve as a reference point for scholars and practitioners in the copyright sector for years to come. The author offers a nuanced view of the recently published Collective Management Regulations which, if properly implemented, will shape future developments in the oversight and supervision of CMOs in Kenya.

Dr Desmond Oriakhogba’s work, Copyright Collective Management Organisations and Competition in Africa is poised to become a seminal reference work in the field of collective management, for a number of reasons: first, it is one of only a paucity of dedicated full texts on the subject of collective management in Africa; secondly, it is the first such text to explore in-depth the question of the application of competition law in the area of collective management – a subject-matter that has been fully explored in other mature jurisdictions such as the United States and the European Union, but hardly considered within the African context; thirdly, it explores the law and practices in three key jurisdictions in the South, the East and the West of Africa; and fourthly, it is an expertly written text and a veritable scholarly work, while simultaneously written in a flowing, easy-to-follow style making for a good long-weekend read.

Copyright, Collective Management Organisations and Competition in Africa is a book that delivers on its promise to rigorously analyse and distil useful models for regulating and operating collective management in Africa. It is one that will serve as a useful guide for scholars, practitioners and policy makers in Africa on the subject of collective management.

The collective management of copyright and related rights (collective management) is fast growing in Africa and continues to contribute to the growth of the copyright-based industry not just in the individual African countries, but also on a continental level. It contributes by facilitating access to copyright works for users, generating revenue for copyright owners, creating job opportunities and promoting creativity and social welfare, particularly for Africa’s youthful and vibrant creators. As such, collective management continue to remain a key component of the economic activities happening within the copyright-based industries in Africa.

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This edited collection of 24 Africa experts with diverse academic and practice focused backgrounds is divided into 5 parts and 24 chapters. The focus of the book is to establish African Union (AU) law as a focal point for the development of African countries. It provides a rich vein of scholarly literature which might not always be apparent to international researchers and practitioners. The ambition is to use regional integration law as a springboard for legal and socio-economic growth by avoiding national law failures that have undermined the development of the African continent.

What is particularly fascinating is that the contributors have used different theoretical perspectives and methodologies to assess this evolving body of regional legal regime. No doubt, this pioneering 24-chapter book on the novel concept of AU Law is worth the effort and invaluable to academicians and policymakers alike. This view derives from the fact that the edited volume investigates the domestication of AU Law by African States, particularly in the areas of constitutional law, human rights, democratic governance, and economic law.

This substantial volume sets out to establish the case for recognition of a new field of law. The editors propose a concept of African Union (AU) law – by analogy with the established body of European Union (EU) law – and argue for the need for such a concept in order to create “a platform to examine legal developments in Africa from an Afrocentric perspective”.

The overarching ambition of the book is to advance the conversation on the norm generating aspects of the work of the AU, its organs and its institutions. The broad proposition presented collectively by the contributions is that the AU has become a standards generating regional institution, and that this capacity is rapidly evolving.