Copyright is the authority one has on a job/property that prevents others from using it without permission or meet some conditions as might be requested by the author.

Hassoum Ceesay, director of the Copyright Bureau in Banjul refers to copyright as "to economic and moral rights that a creator has over its works." It is a property right. Copyright has various characteristics such as fixed duration. This means it has an expiry date. In the Gambia, "copyright lasts for the entire life of the author plus fifty years after death. This is longer in other countries." When we speak of copyright, words like royalties, public domain, piracy, registration of works, etc, come to mind.

According to the Gambia Copyright Act of 2004, an owner of copyright has the ‘exclusive economic right’ in respect of the work. This means that for that work to be reproduced; translated; adapted communicated to the public; distributed; rented; lent; reproduced; translated; imported; displayed in public, broadcast etc, the author or creator deserves some form of economic payment or benefit. Therefore, the moment an author puts his or her work out to the public, any use of it as highlighted above would have to accrue some payment to the author or creator. Anything beside that is a crime.

Indeed, one of the reasons why copyright was introduced in the world in the late 19th century was to ‘prevent unjust enrichment by one from the sweat of another, and also to fairly reward creators for their effort.’ As there is no law between a man and his property, Gambia copyright owners have to enjoy financial benefits from their artistic property. In accordance with the Act, literary, artistic, musical, sound recordings, audiovisual choreographic work, and derivate work constitute the property of the Gambian creators.

In addition to the economic right, copyright law also assigns moral rights to the creator of an artistic work. The moral rights include having his or her name indicated on the work, or not having any such indication, prevent the work be distorted or mutilated or altered to impugn on his or her reputation. It is because of this moral right that your name appear on your books, cassette and CD sleeves, paintings etc. The gamut of creations, which could fall under copyright, is indeed wide and diverse. They range from literary, artistic, musical, sound recordings, audio-visual, choreographic and derivative works.

Literary works include novels, stories, poetical works, plays, stage directions, film scenarios, broadcasting scripts, textbooks, treaties, history books, biographies, essays, articles, news items, choreographic works, telephone directories, law reports, lectures, computer programs. Artistic works include painting, drawings, etchings, fashion, woodcarvings, photographs, sculpture, architecture models, handicrafts etc. Expressions of folklore include proverbs, riddles, folktales, dances, jewelry, costume, local textile, and metal work. For each of the above and many more, authorization should be obtained from their creators for their broadcasting, reproduction, translation, display, publication, photocopy, and recording. Without authorization, any duplication or use in one-way or the other is a crime.

What is copyright protected is published, or fixed in sound or image. Also, it must be original, and not against the public interest (not pornographic, for example). Artistic merit does not determine copyright. What is not protected by copyright is ideas, single invented words, short slogans title of books or magazines (but its letter style can be protected), slavish copy of an original artistic work, duplicate of a sound recording.
Hasoum Ceesay revealed that, "The Gambia Copyright Act, 2004 replaces the British Colonial Copyright laws of 1915 which covered only printed material. In the case of the Gambian law, the NCAC is required to maintain a register of works; productions and association of authors to inter-alia publicize the rights of owners and provide evidence of ownership and authentication."

Since 1992, the NCAC has been at the forefront advocating for a new copyright law. Hence the Gambia’s agreement to the Berne Convention for the protection of literary and artistic works, the AG’s Chambers and the Department of State for Justice, in collaboration with WIPO held a 3 day seminar on the subject of copyright and neighboring rights at the MDI in November 1992. During the seminar the main stakeholders of copyright, including, artists, government departments and the NCAC worked to draft an updated bill with the assistance of WIPO.

The new Act established a collecting society for authors and other owners of copyright with a governing board that includes representatives of the musician union of The Gambia, music producers, book publishers, writers association, performing artists and the NCAC. “The society has the responsibility for promoting, representing and protecting the interests of its members; and collecting and distributing royalties and other remuneration accruing to its member," Hassoum said.

The economic benefit which copyright gives to the creator of a work is not in vain; it enables the creator to pay the bills, put food on the table, clothe and have the energy and motivation to create more. Copyright’s economic spin-offs therefore, encourages new creations, moulds new talents. It is therefore a criminal act to deny the artist the fruits of his or her labour. Of course, copyright also gives jobs, and brings tax revenue to the government, and artist industries. Copyright is one sure way of encouraging and sustaining the artistic industry in the Gambia.