Chiwamba, Sangie bring out the beauty in music, poetry

The recent collaboration between Malawian poet Robert Chiwamba and musician Sangie on their project, "Chikondano," exemplifies the growing trend of inter-genre artistic partnerships. This development brings to the forefront critical aspects of intellectual property law in Malawi, particularly concerning copyright in collaborative works. Under the Malawi Copyright Act, 2016, such joint creations are afforded specific protections regarding ownership, economic rights, and moral rights. This article explores the legal framework governing joint authorship in Malawi, highlighting the implications for practitioners in navigating the complexities of shared creative endeavors, including the role of the Copyright Society of Malawi (COSOMA) in managing and enforcing these rights.

The Malawian creative landscape recently witnessed a notable collaboration between renowned poet Robert Chiwamba and musician Sangie, culminating in their joint project titled "Chikondano." This inter-genre fusion of poetry and music is not only a testament to artistic innovation but also serves as a compelling case study for examining the intricacies of intellectual property law in the jurisdiction. Such collaborations, while enriching the cultural fabric, inherently raise questions about authorship, ownership, and the exploitation of rights in jointly created works. The unique nature of blending distinct artistic forms into a cohesive project necessitates a clear understanding of the legal protections and obligations that arise.

This article aims to provide a comprehensive overview of the Malawian copyright framework as it applies to collaborative artistic endeavors like "Chikondano." It will delve into the statutory provisions governing joint authorship, the allocation of economic and moral rights, and the mechanisms for their enforcement. The central thesis is that while Malawian copyright law offers substantial protection for joint creations, practitioners must advise artists on the critical importance of formal agreements to navigate potential complexities and ensure equitable benefit from their shared intellectual property.

Copyright protection in Malawi is primarily governed by the Copyright Act, 2016 (Act No. 26 of 2016), which came into operation on March 13, 2017, and repealed the previous Copyright Act of 1989. This legislation establishes the legal framework for copyright in various works, including literary, dramatic, musical, and artistic creations. Importantly, copyright in Malawi arises automatically upon the creation of an original work, meaning no formal registration is required for protection.

The Copyright Society of Malawi (COSOMA) plays a pivotal role in the administration and enforcement of copyright and related rights in the country. Established in 1992 under the repealed 1989 Act and continued under the 2016 Act, COSOMA functions as the primary Collective Management Organisation (CMO). Its mandate includes promoting and protecting the interests of authors, composers, performers, and producers, as well as collecting and distributing royalties. While COSOMA has historically been responsible for both legal administration and collective management, recent legislative changes, specifically the Copyright (Amendment) Bill No. 2 of 2025, indicate a restructuring where administrative and enforcement responsibilities will transfer to a new Companies Registrations and Intellectual Property Centre, with COSOMA retaining its core function as a CMO.

The collaboration between Chiwamba and Sangie on "Chikondano" directly implicates the provisions of the Malawi Copyright Act, 2016, particularly those pertaining to joint authorship. A "work of joint authorship" is defined as a work created by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors. In such instances, copyright in the work vests jointly in all contributing authors. This means that both the poet and the musician would collectively hold the copyright to the integrated work, assuming their contributions are inseparable in the final composition.

The implications of joint ownership extend significantly to the exercise of economic rights. Section 29 of the Copyright Act, 2016, grants authors exclusive rights to perform, or authorize others to perform, various acts in relation to their work. These include reproduction, distribution (by sale, commercial rent, or lending), public display, public performance, communication to the public, and translation, adaptation, or other transformation of the work. For a work of joint authorship, any assignment or licensing of these economic rights requires the authorization of all joint authors. Should one joint author withhold consent for an assignment or licence, the Act provides a mechanism for dispute resolution, allowing the matter to be referred to COSOMA for a determination on whether consent should be granted and under what conditions.

Beyond economic rights, the collaborators also retain crucial moral rights. These rights, which are distinct from economic rights and generally inalienable, include the right of paternity (the right to claim authorship and have one's name mentioned) and the right of integrity (the right to object to any alteration, distortion, or mutilation of the work that would be prejudicial to the author's honour or reputation). These moral rights are automatically conferred upon creation and persist even if the economic rights are transferred. In a collaborative project like "Chikondano," these rights ensure that both Chiwamba and Sangie are properly credited for their respective contributions and that the integrity of their combined artistic vision is protected from derogatory treatment.

Given the complexities inherent in joint creations, particularly across different artistic disciplines, it is imperative for practitioners to advise artists on the necessity of formalising their collaboration through a written agreement. While the Copyright Act provides default rules for joint authorship, a comprehensive agreement can explicitly define the scope of each artist's contribution, the percentage of ownership, revenue-sharing arrangements, decision-making processes for licensing and exploitation, and procedures for resolving potential disputes. Such proactive measures can mitigate future conflicts and ensure that the creative and commercial potential of the collaborative work is fully realised in accordance with the intentions of all parties involved.

The collaboration between Robert Chiwamba and Sangie on "Chikondano" serves as an excellent illustration of how Malawian copyright law provides a robust, albeit sometimes intricate, framework for protecting collaborative artistic endeavors. The Malawi Copyright Act, 2016, clearly delineates rights pertaining to joint authorship, encompassing both the economic benefits derived from the work and the moral rights that safeguard the creators' personal connection to their art. The role of COSOMA, even with its evolving administrative functions, remains central to the collective management and enforcement of these rights, offering a recourse mechanism for disputes among joint authors.

For legal practitioners advising artists engaged in collaborative projects, the key takeaway is the paramount importance of clear, written agreements. While copyright protection is automatic upon creation, a well-drafted contract can preemptively address issues of ownership percentages, revenue distribution, creative control, and dispute resolution, thereby providing certainty and protecting the interests of all collaborators. As Malawi's intellectual property landscape continues to evolve with the establishment of the new IP Centre, practitioners must remain vigilant and informed to effectively guide artists through the legal intricacies of their creative partnerships, ensuring their works are not only celebrated but also adequately protected and remunerated.