Originality as the Cornerstone of Copyright Protection in Cameroon’s Creative Industries

Abstract

This study critically examines the application of originality in Cameroon’s copyright framework, revealing both doctrinal gaps and practical enforcement challenges. While originality is the cornerstone of copyright law, Cameroonian courts and collective management bodies such as SOCAM often rely on vague references to “intellectual imprint,” producing inconsistent outcomes. The research proposes a Cameroon-ready originality test independent creation plus a minimal creative choice that is doctrinally precise yet culturally sensitive, ensuring protection across literary, musical, visual, and performance works.
The findings highlight several tensions. State custodianship of folklore under Law No. 2000/011 preserves cultural heritage but risks stifling innovation unless modern adaptations are recognized as original works. Derivative works such as translations, compilations, and adaptations demonstrate originality through selection, arrangement, and interpretive transformation, yet remain underappreciated in practice. Emerging technologies further complicate the landscape as AI-generated outputs lack human authorship and cannot qualify for protection, while AI-assisted works may satisfy originality when human contributors exercise creative control.
Enforcement mechanisms remain fragmented. Civil remedies are underutilized, criminal sanctions rarely applied, OAPI’s role limited to registration, and SOCAM weakened by governance challenges. Online enforcement is particularly underdeveloped, leaving creators vulnerable to digital piracy. To address these weaknesses, the study proposes reforms including strengthening SOCAM governance, specialized judicial training, streamlined evidentiary procedures, and the development of online enforcement mechanisms.
By linking doctrinal clarity to practical enforcement, Cameroon can safeguard cultural identity, support innovation, and strengthen its creative economy. More broadly, these reforms position Cameroon as an active participant in global copyright debates, demonstrating that African jurisdictions can contribute original doctrinal solutions to the challenges of authorship, originality, and technological change.