Deal sheet
- Status
- BURUNDI'S COPYRIGHT OFFICE WIDENED ITS MUSIC ROYALTY TARIFF IN JUNE 2023 ON THE STATED BASIS THAT AUTHORS "EARN NOTHING". IN MAY 2025 ITS OWN DIRECTOR CONFIRMED COLLECTION CONTINUES AND SAID ARTISTS WOULD BE INFORMED "AS SOON AS THE OFFICE IS READY". NO DISTRIBUTION FIGURE HAS EVER BEEN PUBLISHED.
OBDA (Office Burundais du Droit d'Auteur et des Droits Voisins) is Burundi's sole statutory collective management body, created by presidential decree 100/237 of 7 September 2011 under Law No. 1/021 of 30 December 2005 on the protection of copyright and related rights.
THE STATUTORY DUTY. Law 1/021, Article 34 paragraph 2, provides that equitable remuneration for private copying "shall be collected and distributed by a collective management organization": collection and distribution in the same clause. Article 34 paragraph 4 provides that shares between authors, performers and producers follow special regulations set by the ministry responsible for culture. Article 64 places the rights concerned in the hands of a collective management body established for the purpose. Article 77 requires a single equitable remuneration where a commercially published phonogram is broadcast or communicated to the public; Article 78 splits that remuneration 40 per cent to the producer and 60 per cent to the performers.
THE CLAIM (27 JUNE 2023). OBDA announced that TV-equipped hotels, bars, bar-restaurants, reception halls, recording studios and hair salons must pay paid-use fees, with the schedule derived from a joint ministerial ordinance of 21 January 2014. Reported tariffs: bars and restaurants 10 per cent of the average drink price multiplied by half the number of chairs, quarterly; shops 6,000 to 12,000 BIF by headcount; hotel rooms 5 per cent of the room price; banks and travel agencies 12,500 to 25,000 BIF by headcount; transport vehicles 3,000 to 10,000 BIF by number of seats; hair salons 3 per cent of the price charged per person per day. OBDA's stated justification, in reported speech, was that Burundian authors "ne gagnent rien comme cela se fait dans les autres pays". Director Claudette Mukankuranga said contracts signed with venue owners would determine the mode of recovery.
THE CONTRADICTING RECORD (7 MAY 2025). Mukankuranga, quoted directly: "Nous continuons a percevoir ces redevances aupres des utilisateurs" and "Des que l'Office sera pret, nous en informerons les artistes." Collection confirmed as continuing; no distribution date given; the office described as not yet ready. Registered repertoire at that date: 367 artists across music, film and literature and approximately 2,495 works, a figure independently reported twice in April and May 2025.
THE FURTHER RECORD (7 NOVEMBER 2025, PUBLISHED 15 NOVEMBER 2025). Asked how OBDA contributes to Burundi's national development vision, Mukankuranga told the state newspaper that on the contract signed by artists "il y a une somme qui va dans la caisse publique", there is a sum that goes into the public purse. She added that any artist signing a contract stands to benefit considerably and that most do not come in to sign one. The published interview does not identify what that sum is, gives no amount and no mechanism, and one sentence about each wallet receiving money breaks off mid-clause. THIS RECORD DOES NOT ESTABLISH THAT ROYALTIES ARE DIVERTED TO THE TREASURY AND IS NOT PUBLISHED AS SUCH.
ATTRIBUTED TESTIMONY, NOT OBDA ADMISSION. Artist Berenice Irumva attributed the absence of distribution to the lack of suitable distribution software ("faute d'un logiciel adapte"); that explanation came from an artist, not from OBDA. Artist and copyright researcher Francis Muhire said in June 2022 that he knew of no Burundian artist who had ever received copyright income and that none had since the office's 2011 creation: "Helas, ca n'a jamais fonctionne."
NET FINDING. Collection base widened, tariff schedule specific and in force, collection confirmed on the record by the office's own director, and no published collection total or distribution total for any year under any tariff. The gap between the statutory duty to distribute and any evidence of distribution is the transaction recorded here.
- Type
- Licensing
- Parties
- Office Burundais du Droit d’Auteur
- Amount
- BIF Not disclosed. No collection total and no distribution total has been published by OBDA for any year, under any tariff. The only published rates are those derived from the joint ministerial ordinance of 21 January 2014 and reported from OBDA's 27 June 2023 announcement: bars and restaurants 10 per cent of the average drink price multiplied by half the number of chairs, quarterly; shops 6,000 to 12,000 BIF by headcount; hotel rooms 5 per cent of the room price; banks and travel agencies 12,500 to 25,000 BIF by headcount; transport vehicles 3,000 to 10,000 BIF by number of seats; hair salons 3 per cent of the price charged per person per day. A 1 billion BIF figure attached to a 2014 workshop is a collection target, not a receipt. Registered repertoire at May 2025: 367 artists and approximately 2,495 works.
- Rights covered
- STATUTORY COLLECTING-SOCIETY COLLECTION AND DISTRIBUTION RECORD ONLY. No master recording, composition or publishing right changes ownership, or is assigned, licensed, administered or distributed differently as a result of anything recorded here. This records what Burundi's sole statutory collective management body has said it collects, under which tariff instrument, and the absence of any published distribution against the duty to distribute imposed by Article 34 of Law No. 1/021 of 30 December 2005. It is not a rights transaction.
- Territory
- Burundi
- Announced
- 2025-11-07
- Primary document
- Trade press
- Sources
- Iwacu (Burundi), "Anciens musiciens de Nakaranga: des destins brises", by Stine Akimana, published 7 May 2025. Carries the direct quotes from OBDA director Claudette Mukankuranga that this record turns on: "Nous continuons a percevoir ces redevances aupres des utilisateurs" and "Des que l'Office sera pret, nous en informerons les artistes." Also gives the registered repertoire figures of 367 artists and approximately 2,495 works, the 50-year post-mortem term she cites, and on-record testimony from surviving Nakaranga members Mathias Ntamijuriro and Joseph Torobeka, from Aster Anderson Rugamba of the Amicale des Musiciens du Burundi, and from the singer Berenice Irumva. Fetched and read in full. · Burundi Eco, "Jouissance des droits d'auteur: reve ou realite?", by Jean Marie Vianney Niyongabo, published 4 July 2023, reporting an OBDA announcement of 27 June 2023. THE CLAIM SIDE OF THIS RECORD. Sets out the extension of paid-use fees to TV-equipped hotels, bars, bar-restaurants, reception halls, recording studios and hair salons; the full reported tariff schedule derived from the joint ministerial ordinance of 21 January 2014; OBDA's stated justification in reported speech that authors "ne gagnent rien comme cela se fait dans les autres pays"; Mukankuranga's statement that contracts with venue owners would determine the mode of recovery; the 1 billion FBu collection target set at a 2014 workshop; and studio owner Omar Mazina's quote "Si l'OBDA nous demande de payer beaucoup d'argent, nous allons diffuser des chansons etrangeres." Fetched and read in full, including a second pass to separate the director's reported speech from the reporter's own framing. · Le Renouveau du Burundi (state newspaper), "OBDA: Sa contribution a l'atteinte de la Vision du pays", by Elie Niyoyitungira, published 15 November 2025, reporting an interview given on 7 November 2025. Carries Mukankuranga's statement that on the contract signed by artists "il y a une somme qui va dans la caisse publique", that "tout artiste qui signe un contrat dans cet Office va en tirer profit exceptionnel", and that "la plupart d'entre eux ne viennent pas signer de contrats". Gives no amount, no mechanism and no distribution date; one sentence about each wallet receiving money breaks off mid-clause. Fetched and read twice, the second pass specifically to confirm the French wording of the "caisse publique" sentence before publishing anything about it. DOES NOT ESTABLISH THAT ROYALTIES ARE DIVERTED TO THE TREASURY. · WIPO Lex full text, Burundi Law No. 1/021 of 30 December 2005 on the protection of copyright and related rights. THE STATUTORY DUTY. Article 34 paragraph 2: private-copying remuneration "shall be collected and distributed by a collective management organization". Article 34 paragraph 4: shares between authors, performers and producers per special regulations of the ministry responsible for culture. Article 64: the rights concerned administered by a collective management body to be established. Articles 77 and 78: single equitable remuneration for broadcasting or communication to the public, split 40 per cent producer and 60 per cent performers. Article 58: life plus 50 calendar years. Articles 57(b) and (c): entertainment promoters must supply a documented statement of receipts and pay over royalties received. Fetched and read. · WIPO Lex record page for Burundi Law No. 1/021 of 30 December 2005, confirming its status as Burundi's principal copyright instrument and its promulgation date. Fetched and read. · Music In Africa, "Burundi: vers la mise en application effective de la loi sur les droits d'auteur", by Yves Nisabwe, published 17 May 2018. Independently cites both Law No. 1/021 of 30 December 2005 and presidential decree No. 100/237 of 7 September 2011 creating OBDA. Reports that culture and sports minister Pelate Niyonkuru signed a circular toward effective application of the law with effect from 1 June 2018, and carries musician Yves Kamikiwe ("Kami") saying the measure needed an annex specifying how royalties would be collected. Fetched and read in full. · Jimbere Magazine (Burundi), "L'heritage des chanteurs: un echo a travers les ages", by Ange Providence Niyogusabwa, published 24 April 2025. SECOND INDEPENDENT SOURCE for the registered repertoire figures: "367 artistes des domaines differents et 2495 oeuvres sont enregistres a l'OBDA". Also carries Mukankuranga confirming Law 1/021 of 30 December 2005 is in force and the 50-year post-mortem entitlement for heirs of registered works. Spells the umuduri player's name "Mathias Mijuriro" against Iwacu's "Mathias Ntamijuriro". Fetched and read in full. · Yaga Burundi, "A ce jour, je ne connais aucun artiste qui a deja joui de ses droits d'auteur", published 30 June 2022. Interview with artist and copyright researcher Francis Muhire. ATTRIBUTED TESTIMONY, NOT AN OBDA ADMISSION. Quotes: "Je ne connais pas d'artistes ici au Burundi, ecrivains ou musiciens qui auraient deja percu quelque chose"; "Helas, ca n'a jamais fonctionne"; "A ce stade, l'OBDA doit se moderniser." States that since OBDA's 2011 creation no artist had received royalties on the exploitation of their works. Contains no OBDA response. Fetched and read in full. · Yaga Burundi, "Les droits d'auteur au Burundi, ce serpent de mer", published 29 June 2022. Records that the outlet tried and failed to reach OBDA for comment: "Nous avons essaye de contacter l'OBDA pour en savoir plus, sans succes." Cites Law 1/021 of 30 December 2005 and quotes Article 34 paragraph 4 on distribution per special ministerial regulation. Names no OBDA official. Fetched and read in full. · Presidency of the Republic of Burundi, official portal. Decree No. 100/028 of 15 February 2023 appointing the Director of OBDA. REGULATORY RECORD, NAME NOT READ: the decree text is served as a scanned image PDF with no text layer and no OCR tooling was available on this server, so the appointee's name was not read from the instrument. Cited for the existence and date of a director appointment by presidential decree, nothing more. Page fetched; PDF retrieved and confirmed to be an image-only scan. · Presidency of the Republic of Burundi. Decree No. 100/115 of 23 March 2023 appointing the chair of OBDA's board of directors. Same limitation as above: cited for existence and date only. The presidency portal's OBDA results also record decrees 100/0179 of 18 October 2017 and 100/0225 of 29 November 2017 (board members), 100/136 of 28 April 2021 (Director) and 100/200 of 14 September 2021 (board members), establishing two director appointments inside two years. Fetched and read.
Read this before citing: WHAT COULD NOT BE ESTABLISHED, STATED PLAINLY:
(1) NO COLLECTION TOTAL. No source checked gives a figure for what OBDA has collected, in any year, from any category of user, under the 21 January 2014 ordinance or any other instrument. The only monetary figure found in connection with collection is a 1 billion BIF target set at a 2014 workshop, which is a projection and not a receipt.
(2) NO DISTRIBUTION TOTAL. No source checked gives a figure for what OBDA has distributed, in any year, to any rights holder.
(3) OBDA HAS NOT SAID IT HAS NEVER DISTRIBUTED, AND THIS RECORD DOES NOT SAY SO ON ITS BEHALF. The strongest OBDA statement located is the 7 May 2025 "Des que l'Office sera pret, nous en informerons les artistes", which implies no distribution had occurred as at that date but is not an admission that none ever has. The categorical "no artist has ever been paid" claims are attributed testimony from named artists (Francis Muhire, June 2022) and journalists' assertions, not statements by the office.
(4) THE NATURE OF THE SUM GOING TO THE PUBLIC PURSE IS UNDISCLOSED. The 15 November 2025 state-newspaper interview does not say whether "une somme qui va dans la caisse publique" is tax on artist income, a state levy on OBDA's receipts, OBDA's own administrative commission, or money collected on artists' behalf. No amount and no mechanism is given. One sentence in the published text about each wallet receiving money breaks off mid-clause. No inference is drawn here and none should be drawn from this record.
(5) THE SOFTWARE EXPLANATION IS NOT OBDA'S. The attribution of non-distribution to the absence of suitable distribution software comes from the singer Berenice Irumva, quoted in May 2025 reporting, not from OBDA. Whether such software now exists could not be established.
(6) THE DIRECTOR'S NAME IS NOT TAKEN FROM A DECREE. Claudette Mukankuranga is identified as OBDA's director by four separate outlets between July 2023 and November 2025. Burundi's presidency portal records director-appointment decrees 100/136 of 28 April 2021 and 100/028 of 15 February 2023, and board decrees 100/0179 of 18 October 2017, 100/0225 of 29 November 2017, 100/200 of 14 September 2021 and 100/115 of 23 March 2023 (board chair). The decree PDFs are scanned images with no text layer and no OCR tooling was available on this server, so the appointee names in those decrees were NOT read. Which decree appointed Mukankuranga, and whether she remains in post, could not be confirmed from a primary instrument.
(7) NO WORKING OBDA WEBSITE. The only candidate domain, obdaburundi.org, returned SERVFAIL from this server's resolvers on 7 November 2026, consistent with repeated failures recorded by this publication's directory desk across passes in August and September 2026. A resolver-side fault cannot be fully excluded, but the failure has been reproduced on multiple dates from multiple checks. Consequence: OBDA publishes no primary record of its own finances that this desk could locate.
(8) OPERATIONAL START DATE EXCLUDED. A date of 28 May 2012 for OBDA becoming operationally active appeared only in a search-engine summary and in no document fetched and read. It is therefore excluded from both this record and the published piece.
(9) A NAME SPELLING DISCREPANCY. The surviving Nakaranga umuduri player is given as "Mathias Ntamijuriro" in 7 May 2025 reporting and as "Mathias Mijuriro" in 24 April 2025 reporting. The first spelling is used. No weight is placed on the discrepancy.
(10) NO RIGHTS CHANGED HANDS. This record documents a statutory collecting society's collection activity and the absence of any published distribution against a statutory duty to distribute. No master recording, composition or publishing right is owned, assigned, licensed, administered or distributed differently as a result of anything recorded here.
