Authored By: Luyando Chizongo
University of Lusaka
ABSTRACT
This article examines the challenges creatives in Zambia face in accessing justice for issues such as exploitation, underpayment, unfair pay, and unauthorised use of their work. Despite existing intellectual property laws and constitutional protections, creatives in Zambia operate in an environment that lacks legal awareness, efficient enforcement mechanisms, and sufficient institutional support. Using qualitative data from 53 respondents across various creative sectors and provinces, this research identifies the structural, financial, and social barriers that prevent legal redress for creatives in Zambia. The findings show a system that has been unhelpful to the creative industry, increasing economic vulnerability, and stifling cultural expression and national identity. This paper also advocates for targeted institutional reforms, accessible legal aid, and improved public education by framing access to justice as essential for ensuring cultural diversity, economic growth, and the protection, empowerment, and proper treatment of creatives as vital contributors to national development.
INTRODUCTION
The creative industry in Zambia has been recognised and acknowledged as a viable sector that can create major employment opportunities for young people across the country . Despite this, filmmakers, poets, tailors, and a range of other creatives remain the least protected, facing issues such as unpaid labour, copyright theft, and systemic silence when their rights are violated. Musicians perform without pay, designers see their work copied and used without consent, models face unsafe conditions, and none of these issues are adequately addressed even in light of existing legal provisions. The separation between the promise of legal protection and empowerment, and the lived experience of creatives, is more than a labour issue; it poses a direct threat to cultural diversity, social change, and economic development, which are widely touted as the potential of the creative industry by numerous officials and organisations.
Access to justice is defined as the ability of people to seek and obtain a remedy through formal or informal institutions of justice for grievances in compliance with human rights standards. All human beings are born free and equal in dignity and rights and all must have equal access to justice when their dignity and/or rights are infringed upon. Societies cannot be considered to be inclusive without equal access to justice. The creative industry encompasses a wide range of economic activities that are driven by individual creativity, skill, and talent, with the potential for job and wealth creation.
Creatives are key stakeholders in promoting economic development and must therefore be aware of the policies surrounding them and what they entail. The creative industry is not only significant for economic growth , but also contributes to cultural development, communication , and pushing social change. As such, access to justice is a principle essential to safeguarding both the livelihood and cultural heritage that creatives help to build. Access to justice means more than improving an individual’s access to courts or guaranteeing legal representation. There is no access to justice in a system that is feared, untrusted, inefficient, ineffective, and financially inaccessible. There is no access to justice where citizens lack information or knowledge of rights.
In Zambia, most creative professionals belong to the informal sector and lack access to labour protection. This perpetuates creatives’ economic insecurity and legal vulnerability in the absence of tailored social protection schemes . This research therefore proves that, while Zambia’s legal infrastructure well represents protection for creatives on paper, its systems undermine their rights and contributions to economic development by hindering the full realisation of their right to access to justice.
LEGAL FRAMEWORK
Zambia’s legal infrastructure has created provisions for the recognition and protection of intellectual property rights through various pieces of legislation, including but not limited to the Copyright and Performance Act , the Patents Act , and the Trade Mark Act , all of which are administered by the Patents and Companies Registration Agency (PACRA) under Section 5 of the PACRA Act . These Acts aim to protect the rights of intellectual property owners by providing for enforcement mechanisms, including the initiation of court proceedings and penalties for infringement of those rights.
To protect the interests of copyright owners, Cap 406 of the Laws of Zambia has outlined specific acts that constitute infringement, as well as penalties for infringement. In a further attempt to protect copyright owners’ interests, the Act provides for the creation of “collecting societies”, which have been defined as associations, partnerships, or bodies corporate that have their principal purpose or one of their principal purposes the representation of copyright owners in the negotiation and administration of collective copyright agreements . The Act further tasks the Registrar of Copyright with encouraging and facilitating the development of collecting societies .
Since the enactment of Cap 406 in 1994, only two collecting societies have been established in Zambia, namely the Zambia Music Copyright Protection Society (ZAMCOPS), established in 1996 , and the Zambia Reprographic Rights Society (ZARRSO) , which was established almost two decades later. This provides one of many examples of constraints to creatives’ access to justice in Zambia, despite sufficient time, resources, and legislative measures to safeguard this right.
CRITICAL ANALYSIS
While Zambia’s legal framework contains provisions intended to protect intellectual property rights, fair labour practices, and economic participation, creatives still face a plethora of obstacles in accessing justice properly in practice. Findings from the survey conducted for this research reveal that these barriers are both structural and cultural.
The biggest barrier is low legal literacy among creatives . Several respondents admitted to having never signed a formal contract, or in the instance that they did, under terms that they did not fully understand. This leaves creatives vulnerable to various forms of exploitation, as well as making it difficult not only to recognize but also to enforce their legal rights. As one respondent noted, creatives whose primary source of income is creative work are barely able to sustain themselves, and do not know how to ensure fair compensation through legal action because of their lack of awareness of the laws that are supposed to be protecting them.
Data collected also shows that over 80% of creatives have not had their work registered with either a collecting society or PACRA. Further investigation revealed that this exercise was not carried out due to a lack of knowledge of the existence of these organisations, the necessary procedures to follow, and even the necessity of registration. This, coupled with the absence of other legal formalities such as the signing of formal contracts, has exposed many creatives to unsafe working conditions.
Legal recourse as an option is often unhelpful due to high legal fees. Even where pro bono services are made available, they are poorly publicised and overwhelmed by demand. Many creatives are discouraged from seeking formal legal action as the costs outweigh the perceived benefits, especially in cases against more financially capable individuals and corporations. Additionally, geographic disparities make it difficult for creatives further away from the capital city to follow up on legal claims and gain access to other protection mechanisms. Institutions like PACRA, ZAMCOPS, and IP specialised lawyers are heavily centralised within the capital, hence disadvantaging creatives that operate within rural or peri-urban areas, thus further perpetuating ignorance of the very existence of IP rights.
Another barrier is institutional inefficiencies characterised by lengthy timelines and bureaucratic hurdles, which discourage reporting of violations. Cases are often mishandled due to an absence of specialised IP divisions or deprioritised in favour of more conventional commercial disputes. Many respondents noted that they experienced IP rights violations, but did not take legal action for fear of being sidelined for “more important” cases. Cultural undervaluation further contributes to this due to the pervasive perception that treats creative work as a mere hobby rather than a legitimate profession deserving legal protection. This undervaluation has since normalised practices such as “working for exposure” instead of formal payment for work, thereby fuelling a wider reluctance by employers, clients, and even policymakers to invest in fair and proper contractual arrangements.
Collecting societies and industry associations could potentially curb this and many other problems. However, few representative bodies exist, and ones that do are often underfunded, lack strong leadership, and have limited capacity to educate and defend members in disputes. This exposes creatives to negotiating as isolated individuals, making them more susceptible to unfair treatment and unsafe working conditions. It further perpetuates creatives’ fear of backlash and blacklisting after following up on legal claims. One of the respondents notes that “taking legal action is intimidating [because] bigger companies have the power and resources, and going up against them feels impossible.” In an industry where reputations and networks determine opportunities, such fears are well-founded in the absence of more effective legal education, protection, and enforcement mechanisms.
RECENT DEVELOPMENTS
In an attempt to promote general access to justice, the National Assembly this year adopted a motion to establish legal aid offices in all 116 districts across the country ; a move necessitated by the prolonged struggle in accessing legal representation due to financial and geographical constraints. Legal aid access received a further boost through updated legal infrastructure, including the enactment of the new Legal Aid Act No. 1 of 2021 , which was enacted to provide for legal aid in both civil and criminal cases to persons of insufficient means of paying for legal representation, updated functions of the Legal Aid Board and the scope of legal aid to include dissemination of legal aid information and legal education. Furthermore, the Board, in collaboration with the Law Association of Zambia, launched the Pro Bono framework, which entails that legal services are provided free of charge to individuals or groups who lack the necessary financial capacity to pay high legal fees. Complimentary efforts also came through the UNESCO-supported “Strengthening the Arts Business Environment” project in which the National Arts Council of Zambia aimed to review and elaborate regulatory frameworks for the cultural and creative industries . The goal was to be achieved through reviewing the National Arts Council of Zambia Act and the Theatres and Cinematography Exhibits Act, and the development of the National Arts Labour Standards and Code of Conduct to be achieved through national consultations .
RECOMMENDATIONS
Addressing the justice disconnect for creatives in Zambia requires a combination of education, institutional strengthening, and cultural change. Based on the findings of this research and recent developments in Zambia’s legal and cultural landscape, the author proposes the following recommendations;
The implementation and adequate funding of district-level legal aid offices to improve accessibility to legal assistance. With the roll-out of legal aid offices in all districts around the country, legal aid officers should receive specialized training in IP and creative industry labour issues to ensure relevant, competent, and efficient service delivery. Furthermore, expanded pro bono legal services for creatives are imperative. Public awareness campaigns are necessary to better inform creatives about their right to free legal representation for eligible cases. This may be facilitated through the Law Association of Zambia’s pro bono framework, which should include a dedicated stream for IP and creative rights cases. This further provides an opportunity to enhance the synergy between the law and creative work, and paves the way to the creation of specialized IP courts.
There is also a need for scaled-up Legal Tech solutions to facilitate nationwide coverage. In an era of major technological advancement, digital platforms should be developed and utilized to allow creatives to file complaints online and provide remote access to simplified contract templates and legal advice. To facilitate such developments, there is a further need to secure dedicated budget lines for creative support, including targeted funding for legal aid, training and education, and infrastructure for creatives. Resources should also be dedicated to establishing and building strong unions, guilds, and associations in the creative sector for strengthened collective representation, as well as facilitating alternative dispute resolutions between creatives. This ensures fair representation and faster, more efficient dispute settlement away from the lengthy court process.
Finally, to curb legal illiteracy and misinformation, art schools, training centres, and vocational programs should incorporate modules on IP rights and enforcement mechanisms, contract negotiation, and business management. Building such knowledge early will empower creatives to recognise and assert their rights before disputes arise.
CONCLUSION
The findings from this study reveal Zambia’s sobering reality; creatives operate in a legal and economic environment that leaves them vulnerable to exploitation, unsafe working conditions, and unfavourable payment terms. They are subject to IP theft and left unprotected, even though the legal framework provides for rights protection. Systemic barriers that include high legal costs, geographic inequalities, legal illiteracy, and deep cultural undervaluation of creative work continue to restrict access to justice for those working in the sector. These barriers not only negatively impact individual livelihoods but also the sector’s capacity to contribute sufficiently to economic growth and cultural diversity. An economy that nurtures creative work promotes employment generation , attracts tourism, and strengthens national identity , which enhances Zambia’s global standing. Denying creatives fair treatment and accessible legal remedies undermines these benefits and further perpetuates cycles of vulnerability. The creative industry is not a peripheral luxury, but rather the cornerstone of Zambia’s identity and a driver of sustainable development and social change.
BIBLIOGRAPHY
Statutes
Copyright and Performance Act Chapter 406 of the Laws of Zambia
Patents Act No. 40 of 2016
Patents and Company Registrations Agency Act No. 4 of 2020
Trademarks Act Chapter 401 of the Laws of Zambia
Reports and policies
National Arts Policy, December 2023
UN (United Nations) 1948. “Universal Declaration of Human Rights.” General Assembly Resolution 217 A (III) of 10 December, Article 1, New York.
United Nations Conference on Trade and Development ‘Strengthening the Creative Industries for development in Zambia’ <https://unctad.org/Creative-Programme> accessed 6th August, 2025
United Nations Conference on Trade and Development ‘Unlocking potential of intellectual property rights to support the creative economy’ I. Durant 18th May, 2021 <https://unctad.org/news/unlocking-potential-intellectual-property-rights-support-creative-economy> accessed 4th August, 2025
United States Institute of Peace ‘Necessary Conditions: Access to Justice’ https://www.usip.org/guiding-principles-stabilization-and-reconstruction-the-web-version/rulelaw/access-justice (Accessed 3rd August, 2025)
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Shebo Nalishebo “Economic Profiling of the Creative Industries: A Desk Review” Zambia Institute for Policy Analysis and Research 20th August, 2013
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<https://zamcops.org/> accessed 5th August, 2025
Melo Media “Zambia’s National Assembly Adopts Motion to Establish Legal Aid Offices in All 116 Districts” 20th February, 2025
<https://melomediazambia.com/2025/02/20/breaking-zambias-national-assembly-adopts-motion-to-establish-legal-aid-offices-in-all-116-districts> accessed 8th August, 2025
TrendsNAfrica “Zambia to lay focus on Creative Industry” <https://trendsnafrica.com/> May 13, 2024 accessed 7th August, 2025
