The National Assembly’s unanimous ratification of the Beijing Treaty on Audiovisual Performances is a welcome development for The Gambia’s creative industry. It sends an important message that the work of actors, musicians, dancers and other performers deserves legal recognition, protection and fair compensation.
For too long, Gambian artists have operated in an environment where their creative works can be reproduced, distributed and commercially exploited without adequate consent or payment. In today’s digital environment, this problem has become even more serious. A song, film, performance or recording can be copied and circulated across social media and online platforms within minutes, often without the knowledge or benefit of the creator.
The Beijing Treaty provides an important international framework for addressing some of these challenges by recognising the economic and moral rights of performers. However, ratification alone will not put money into the pockets of struggling Gambian artists or automatically stop exploitation of their work.
The real test will be implementation.
The government must now ensure that the ongoing review of the Intellectual Property Act produces clear, enforceable and accessible legislation. Artists, particularly young and independent creators, must understand their rights and have affordable mechanisms through which they can enforce them.
There is also a pressing need to strengthen the institutions responsible for copyright administration and enforcement. Laws that exist only on paper will do little to protect performers from piracy, unauthorised reproduction and unfair contractual arrangements.
Producers, broadcasters, digital platforms and entertainment businesses must equally recognise that creative content is intellectual property, not free material for commercial exploitation.
The Gambia has enormous creative potential. But that potential cannot flourish if artists remain poorly protected and inadequately rewarded.
The ratification of the Beijing Treaty is therefore only the beginning. The government must now translate this international commitment into practical protection, effective enforcement and tangible economic opportunities for Gambian performers.