A section of creatives in the country have written President Lazarus Chakwera expressing concern regarding the recent legislative changes affecting intellectual property and copyright governance in the country. In a joint communiqué themed ‘Creative, Cultural and Heritage Sector Position on the Copyright (Amendment) Bill, 2025, and the Companies, Registrations and Intellectual Property Centre’, have specified that the bills were developed and passed without consultation with the broader creative sector.
Signed by Maxwell Chiphinga as National Arts and Heritage Council (Nahec) Implementation Taskforce and Chigomezgo Gongwe, who is the founder and Chief Executive Officer of The Africans, the communiqué says that sections 6,7 and 8 of the Constitution of the Republic of Malawi affirms that authority derives from the people and that laws must reflect their express wishes.
“Sections 13 and 40 guarantee transparency and accountability and participation. These obligations are reinforced by the Access to Information Act and National Intellectual Property Policy, which both require citizen access and involvement in the formulation of public law and policy,” reads the communiqué. However, in the communiqué, the creatives indicate that the Copyright (Amendment) Bill 2025 and the Companies, Registrations and Intellectual Property Centre Bill (2025) were developed and passed without consultation with the broader creative, cultural and heritage sector.
Having observed concerns with the bills, which among others transfer copyright administration and enforcement from Copyright Society of Malawi (Cosoma), the creatives have made recommendations which include withholding assent to the two bills until meaningful, inclusive stakeholder consultation with the sector has taken place.
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The creatives have also recommended mandate of a national, participatory redrafting process, involving Nahec, Cosoma, Registrar General’s office, Department of Arts and Culture, legal experts, creatives, cultural and heritage sector stakeholders. Gondwe, who is also a renowned poet said recently that a thriving creative economy cannot be built on fragmented structures or through processes that exclude its most vital contributors. Gondwe said before issuing the communiqué, they had an audience with State House. “We need to reiterate our position because it appears some parties are urging the President to proceed with assent, which we do not agree with as a sector,” Gondwe said.
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Recently Cosoma in its press statement clarified its role under the newly passed bills saying the passage of these bills enhances the copyright body’s mandate or relevance. Cosoma further said it will continue to operate as the Collective Management Organisation for creators, fulfilling its core mandate of protecting and promoting the interests of copyright holders, managing licensing of copyrighted works and collecting and distributing royalties to ensure fair compensation for creators. Q Malewezi, who is presidential adviser on creatives confirmed receiving the communiqué but could not be drawn to comment on the issue.
