How creatives can protect their content from piracy

The creations of our minds—songs, scripts, films, brand names, and more—carry immense cultural and economic value. To fully realise that value, it is essential to protect these creations. If a creator fails to safeguard their intellectual property, they risk losing the ability to earn a living from their ideas.

Starting with the basics, copyright refers to the legal rights that creators have over their original literary and artistic works. In many African countries, copyright protection is automatic.

This means that when you create a song or film and fix it in a tangible form, there is no need to register it for copyright to exist. This protection typically lasts for the creator’s lifetime, plus an additional 50 to 70 years after their death, at which point the work enters the public domain.

Although protection may be automatic, creators are encouraged to take proactive steps to strengthen their legal standing. Some African nations offer voluntary copyright registration systems, which can serve as an official record of ownership.

Content theft occurs when someone uses another person’s work without permission—this is known as copyright infringement.

When infringement is widespread, it escalates into content piracy. If you become a victim of such infringement, there are several steps you can take.

First, it’s important to gather evidence. This might include screenshots of the unauthorised content, along with its URL and date. For video or audio, download a copy. Document any relevant details such as the infringer’s username or website, the number of views or downloads, and any advertisements or pricing information attached to the content.

Having proof of ownership is crucial in defending your copyright. Original project files, timestamps, raw footage, or scripts all help to demonstrate that you are the rightful creator.

Registration with a copyright authority can further strengthen your case, as can social media posts or emails that indicate ownership and the release date of your work.

The next step involves limiting the spread of infringing material. A takedown notice is often the quickest route. Identify who is hosting the unauthorised content and use the platform’s reporting tool or send a formal cease-and-desist letter.

Many countries operate notice-and-takedown systems. The United States’ DMCA (Digital Millennium Copyright Act) is a global benchmark, but African nations have their own frameworks. A well-crafted cease-and-desist letter to the offending site’s owner or hosting provider can lead to the prompt removal of infringing material.

For more serious breaches—such as large-scale piracy—or if your takedown notice is ignored, it may be necessary to escalate the matter to national copyright commissions or law enforcement agencies such as the police’s commercial crimes unit.

Encouragingly, African countries are increasingly collaborating to enforce intellectual property rights.

The African Continental Free Trade Area (AfCFTA) agreement promotes joint action among member states to protect creators. International organisations such as Interpol and Afripol also support cross-border efforts, which have successfully dismantled several piracy networks.

Institutions like the World Intellectual Property Organization (WIPO) provide frameworks such as the Berne Convention, which ensures reciprocal copyright protection across member countries. WIPO also offers arbitration and mediation services to help creators resolve disputes with international distributors.

Technology is another valuable ally in the fight against piracy. Techniques such as watermarking and digital fingerprinting are widely used. Digital watermarking embeds a visible or invisible code into the content, while fingerprinting extracts a unique identifier without altering the original file—tools that platforms like YouTube and Facebook rely on to detect copyright violations.

On a more practical level, when sharing images or video clips online, adding a visible watermark helps audiences recognise the origin and rightful owner of the content.

However, it’s important to note that technology alone is not a substitute for legal action. It serves to complement formal processes. Even when platforms flag infringements through technological tools, follow-up through legal channels remains critical.

In summary, understanding your rights, documenting your creations, and responding quickly to infringement—while combining legal and technological strategies—can significantly reduce the risk of your work being misused.

Moreover, if your content becomes popular and is reused without permission, such as in videos, you may be able to monetise it. YouTube’s Content ID system, for instance, allows creators to earn revenue from unauthorised use of their music—turning potential theft into opportunity.

The writer is the Head of Operation Support at MultiChoice Kenya