Protection and Enforcement of Public Performance Right under Ethiopian Law

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Addis Ababa University


Public performance right is one of the major constituent elements of economic rights. It may sometimes become the single most important source of revenue. But, despite its importance, emphasis had been on reproduction rights for years. It is through time that public performance right came to attract attentions of both law makers and right holders. General economic growth and expansion of entertainment centres and mediums in particular said to have caused this change. These days, public performance right is well protected in most countries and under international instrunments. Its protection requires firm legal framework and its enforcement necessitates the existence of strong institutions, both public and private. When we come to the case of Ethiopia, intellectual property rights in general and public performance rights in particular seem to have strong constitutional background. In addition to recognizing citizens right to own private property, which includes intellectual property rights, the constitution also outlines obligations of the government to protect and enforce these rights and works that should be done to promote development of literary, artistic and other creative works. Then, it is expected from other laws to implement constitutional provisions. Accordingly, Copyright and Neighboring Rights Protection Proclamation No. 410/2004 has been promulgated by the House of Peoples Representatives. This proclamation vests exclusive economic rights, including public performance right on the author and copyright owner