Cultural and Creative Industries: The legal challenges of CCIs development in French-speaking Africa

The cultural and creative industries (CCIs) sector is a strategic lever for Africa’s economic and cultural development. Cinema, television, music, literature, the visual and performing arts, design and fashion all contribute to preserving, enriching and promoting the continent’s diverse cultural heritage, while creating jobs and meeting the aspirations of a young, dynamic population. The CCIs represent a real market with significant investment opportunities for private actors, which have yet to be fully exploited.

The development of CCIs raises a number of questions, in particular that of the means to be implemented by States and the competent public authorities to protect artworks and artists, and to encourage, support and finance these industries in order to ensure their sustainability. These challenges call for robust legal and institutional frameworks that guarantee the protection and valorization of artworks,  encourage investments, and facilitate the implementation of appropriate funding and support mechanisms. Developing the CCI market in Africa also means positioning the continent as a global creative hub, fostering international influence where each African country has the opportunity to showcase its cultural heritage.

What are the legal challenges surrounding CCIs in French-speaking African countries?

The CCI sector involves a wide range of players, all of whom have specific rights and obligations to comply with, and are subject to particular rules. Intellectual property and competition law as well as taxation are of particular importance. To ensure legal certainty and the trust of stakeholders, particularly investors, these rules must be clear, consistent and effective, to limit the risk of disputes. They must also be adapted to the specific features of CCIs, which are innovative, dynamic and diversified sectors requiring a cross-functional and flexible approach.

Intellectual property is an essential element for CCIs. It recognizes and protects the rights of creators and producers to their works, enabling them to derive income from their exploitation. It also encourages the creation, distribution and diversity of artworks, and is a tool in the fight against piracy, a major threat to audiovisual productions, particularly in Africa. It is therefore essential to strengthen the legal framework for intellectual property in Africa: harmonize national legislation, set up effective collective management systems, and raise awareness among players and the public of the importance of respecting copyright.

Competition is also a legal consideration for CCIs. A healthy competitive space can stimulate the quality, diversity and innovation of works, offering consumers a wider choice. Conversely, lack of competition can lead to distortions, abuses or imbalances, which can harm the viability or diversity of players in the sector. It is therefore essential to regulate this environment by preventing and punishing anti-competitive practices, ensuring fair access to markets and resources, and promoting cooperation and complementarity between stakeholders.

Taxation is another important legal issue for CCIs. It can stimulate or, on the contrary, hinder the development of the sector. Indeed, when States create tax benefits for private investors and patrons (e.g.: tax reductions, credits or deductions), they can be a tool for supporting CCIs. On the other hand, they can be an obstacle if they impose excessive or inappropriate burdens on players in the sector, affecting their competitiveness or profitability. It is therefore necessary to analyze and, where necessary, reform the tax framework applicable to CCIs, considering the specific features of the sector and, as far as possible, harmonizing tax regimes between countries, and promoting transparency and tax cooperation.

What are the CCI development strategies in French-speaking Africa?

The development of CCIs, and of audiovisual productions in particular, requires the implementation of effective strategies involving public and private players, and underpinned by appropriate support mechanisms. These support mechanisms can take different forms, depending on the needs and objectives of the sector in the countries concerned. In particular, they can include the following elements.

1. The creation of sovereign wealth funds, which could finance public policies in the CCI sector, and provide loans, subsidies or guarantees for specific projects meeting criteria of quality, diversity, social or cultural impact, or selected through calls for projects launched by the relevant public authorities.
2. The use of public procurement, which consists of contracting producers to produce local works. This could ease producers’ access to financing.
3. The development of infrastructures, which are necessary for the production/post-production, broadcasting and distribution of audiovisual works, such as filming and production studios, cinemas and streaming platforms. These infrastructures can be financed, developed and operated within the framework of public-private partnerships, which would not only enable costs and risks to be shared between the public and private sectors, but also strengthen the capacities of local players, in terms of training, consultancy or the transfer of technology and know-how.
4. Capacity building, with the aim of improving the skills, knowledge and networks of players in the sector, by offering them training, advice, support, scholarships, residencies, exchanges, and so on. These actions can be carried out by public, private or associative players, and can benefit from regional or international cooperation.

In conclusion, CCIs, and in particular the production of audiovisual works, are key sectors for Africa’s development, offering economic, social and cultural opportunities. To promote and protect them, it is essential to put in place solid legal and institutional frameworks that clarify the roles and powers of the public authorities concerned, guarantee legal certainty for the players involved, and provide incentives for investors.