The National Assembly’s ratification of the World Intellectual Property Organization (WIPO) Copyright Treaty could mark an important turning point for copyright protection in The Gambia. But for the country’s journalists, musicians, filmmakers, authors and increasingly influential online content creators, the real question is not what the treaty says on paper—it is whether Gambian institutions have the capacity and political will to enforce it.
The WIPO Copyright Treaty (WCT), adopted in 1996, was designed to bring copyright protection into the digital age. It gives authors stronger rights over the distribution and online communication of their works, including the right to control when and where their work is made available to the public.
For Gambian creators operating in an environment where photographs, newspaper reports, music, videos and social-media content can be copied and redistributed within minutes, that protection could be significant.
Journalists: Protection or another promise?
For journalists and news organisations, the treaty could strengthen protection against the unauthorized reproduction of original reporting, photographs, documentaries and other creative works.
But The Gambia already has a long-standing problem with content being copied without attribution. News reports can appear on competing websites or social-media pages shortly after publication, sometimes without credit to the journalist or original news organisation.
The treaty’s provisions on electronic rights-management information are particularly relevant. It requires legal remedies against unauthorized removal or alteration of information identifying a work, its author or rights holder.
The challenge, however, will be enforcement.
If a journalist’s article is copied by a Facebook page, YouTube channel or another website, will the creator have an affordable and effective way to seek compensation? Will authorities investigate persistent infringement? Will courts be equipped to deal with digital copyright disputes?
Ratification alone cannot answer those questions.
Musicians: Can the treaty help stop digital piracy?
For Gambian musicians, the stakes may be even higher.
Music is now distributed through YouTube, Facebook, TikTok, streaming services, websites and messaging platforms. A song can be recorded, copied, uploaded and monetised by someone else without the original artist’s permission.
The WCT gives authors stronger rights concerning distribution, rental and communication to the public, including making works available online.
That could give Gambian musicians a stronger legal basis to challenge unauthorized digital exploitation of their work.
But legislation is only as effective as the system enforcing it.
Artists need functioning copyright administration, accessible dispute-resolution mechanisms, reliable royalty collection and courts capable of dealing with online infringement. Without those institutions, the treaty risks becoming another international commitment that looks impressive on paper while creators continue losing income.
Filmmakers and photographers
Gambian filmmakers, photographers and other visual creators face similar challenges.
A film, documentary, photograph or promotional video can be downloaded, edited and redistributed without permission. The WCT specifically addresses technological measures used by copyright owners to protect digital works and requires legal protection against unauthorized circumvention of such safeguards.
This could encourage creators and producers to use stronger digital protection mechanisms, including technological tools designed to control access to their content.
But the government must also ensure that copyright enforcement does not become so rigid that legitimate educational, journalistic, research or public-interest uses are unnecessarily restricted.
The treaty itself recognises this balance by allowing countries to maintain limitations and exceptions to copyright under the so-called three-step test.
Authors and publishers
For Gambian authors, publishers and academics, the treaty offers another layer of protection in an increasingly digital publishing environment.
Books, research papers, articles and other written works can be scanned, uploaded and circulated electronically without the author’s permission.
The WCT makes clear that copyright protection applies in the digital environment and recognises online communication and distribution rights.
But authors will need more than legislation. They need awareness.
Many Gambian creators may not understand what rights they possess, how to register or document ownership, how to issue licensing agreements, or where to go when their work is stolen.
That makes public education and professional support just as important as ratification.
The new frontier: social-media creators
Perhaps the biggest beneficiaries—or potential victims—of the new framework are online content creators.
Gambian YouTubers, podcasters, bloggers, TikTok creators and social-media producers increasingly generate original content that attracts large audiences and, in some cases, advertising revenue.
Yet digital creators operate in a complicated environment where their material can be downloaded, reposted and monetised by others almost instantly.
The treaty’s recognition of online “making available” rights is therefore particularly relevant to this growing industry.
But it also raises an important question: does The Gambia have the institutional infrastructure to protect a creator whose content is stolen by someone operating outside the country?
Digital copyright infringement does not respect national borders. A Gambian creator may produce the content in Banjul, have it copied in another country and see it monetised on an international platform.
Effective enforcement will therefore require cooperation with digital platforms and foreign jurisdictions, as well as domestic legal expertise.
Government must now move beyond ratification
The National Assembly’s decision should therefore be viewed as the beginning—not the end—of copyright reform.
The government will need to review domestic copyright legislation and ensure that national laws and enforcement mechanisms effectively implement the treaty’s requirements. WIPO itself emphasises that contracting states must provide effective enforcement procedures and remedies against infringement.
There must also be investment in copyright institutions, judicial capacity, digital investigation and public education.
The government should also explain clearly to creators what the ratification changes for them. Musicians should know how to protect their recordings. Journalists should understand their rights over original reporting and photographs. Filmmakers should know how to license their work. Authors should understand digital reproduction rights. And online creators should know what remedies are available when their content is stolen.
A historic opportunity—but only if enforced
The WIPO Copyright Treaty gives The Gambia an opportunity to modernise copyright protection and bring greater recognition to the economic value of creative work.
But the country should not confuse ratification with protection.
A law sitting in the statute books will not stop piracy. It will not automatically recover stolen royalties. It will not prevent websites from copying journalism. It will not stop musicians’ songs from being uploaded without permission.
Those outcomes will depend on enforcement.
For Gambian creators, therefore, the real test begins now: Will the government build a copyright system capable of turning international obligations into real protection, real compensation and real accountability?
If it does, the treaty could become an important foundation for the country’s creative economy.
If it does not, Gambian artists and creators may simply have another international agreement to point to while watching their work—and the income attached to it—continue to be exploited without permission.
