A tailor in Serrekunda spends days creating a unique outfit for a client. A musician in Sintet writes and records a new song. A photographer captures stunning images of the Kankurang Festival in Janjangbureh, while a painter creates artwork that tells the story of the River Gambia.
But what happens when someone copies these creations without permission? Can the original creator stop them? Can they earn money from their work? Can they prove the idea belongs to them?
These questions lead to one subject many Gambians have heard about, but few fully understand: Intellectual Property (IP).
Although intellectual property affects almost everyone working in the creative industries, many tailors, fashion designers, musicians, DJs, promoters, artists, photographers, and entrepreneurs still know very little about it.
Research by Gambian intellectual property expert Muhammed Lamin Ceesay found that awareness and application of intellectual property rights in the country’s textile industry remain low. Many businesses are unaware of the different forms of IP protection or how these rights can help them grow, compete, and earn more income.
Yet experts believe intellectual property could become one of the most valuable tools for building The Gambia’s creative economy.
What is Intellectual Property?
The simplest way to understand intellectual property is this: if you create something using your mind, you may own it.
Intellectual property refers to creations of the human mind. These include songs, books, paintings, clothing designs, inventions, logos, photographs, films, business names, and even certain traditional products.
Just as a farmer owns the crops growing on his land, a creator can own the rights to the work they have created.
These rights help prevent others from copying, selling, or using that work without permission.
Intellectual property is therefore not only about protecting creativity; it is also about turning creativity into income, jobs, and business opportunities.
Why should Gambians care?
Many people think intellectual property is only important for lawyers or multinational companies. That is far from the truth.
In reality, IP matters to almost everyone involved in the creative economy: tailors, fashion designers, musicians, DJs, promoters, photographers, artists, filmmakers, and entrepreneurs building a brand.
Without protection, someone else may copy your design, use your business name, reproduce your music, or sell your work without your knowledge. With proper protection, however, your creativity can become a valuable business asset.
According to Gambian intellectual property expert David Jeng, many African entrepreneurs mistakenly see intellectual property only as a legal issue. Instead, he argues that IP should be viewed as an economic development tool capable of creating wealth, attracting investment, and supporting job creation.
In other words, your ideas can become assets that earn money just like land, vehicles, or buildings.
The four main types of Intellectual Property
Although intellectual property can seem complicated, most creators only need to understand four basic types: copyright, trademarks, industrial designs, and patents. This piece focuses on copyright, most relevant to musicians, photographers, and artists. A companion piece explores trademarks, industrial designs, and patents, most relevant to fashion designers, tailors, and textile producers.
Copyright: Protecting creative works
Copyright protects creative works. This includes songs, books, poems, paintings, films, photographs, drawings, computer software, and many other artistic creations.
For example, when a musician writes an original song, copyright helps protect that song from being copied or commercially used without permission.
However, copyright protects the expression of an idea, not the idea itself. If two musicians write songs about love, both songs can receive copyright protection because each musician has expressed the idea differently.
A Gambian example: Afro-jazz fusion and Afro-blues musician Ebou H. Bah, popularly known as Gainako, has spent more than twelve years building his music career. Inspired by nature while herding cattle in his home village of Sintet, he combines traditional instruments such as the kora, calabash, and flute with jazz and blues to produce a unique African sound.
“I aim to send a message accompanied by sweet melodies and different instruments that can bring about positive change,” he said.
Recognizing the importance of protecting his work, Gainako registered his songs with the National Centre for Arts and Culture (NCAC) in November 2023. He believes copyright gives creators ownership over their artistic work.
“Copyright helps you protect your product and gives you all rights to it. It will also help you benefit from your product forever,” he explained.
However, his experience also highlights one of the challenges facing many Gambian artists. Although he successfully registered his songs, Gainako says he has never received royalties from them.
“There were no challenges registering my songs, but I have not benefited from royalties yet,” he said.
When asked why, despite registering since 2023, and whether he had ever claimed royalties, Gainako admitted he had not. “I have never received it, and I didn’t claim it either. In this country, copyright law is not useful,” he said.
He believes stronger institutions are needed to help musicians benefit from their creative work.
“The music industry needs to be well organized by responsible bodies like the NCAC and the Music Union. There should be rules and regulations. The involvement of musicians, promoters, producers, and DJs will help us grow.”
His experience demonstrates an important lesson: registering your work is only the first step. Creators also need effective systems that collect royalties, enforce copyright laws, and ensure artists receive fair payment when their work is commercially used.
Did you know? Copyright does not automatically make someone rich. Instead, it gives creators legal rights that can help them earn income through royalties, licensing agreements, performances, streaming services, and commercial partnerships, provided these systems function effectively.
Why does awareness remain low?
Despite these opportunities, research shows that many Gambian creators are still unfamiliar with intellectual property. Ceesay’s research on the textile industry found that many business owners do not know the different types of intellectual property, which government institutions administer IP, how to register their creative works, or how IP can increase business value.
As a result, many creators focus only on producing and selling their work without thinking about protecting it. Jeng says this must change if Gambian businesses are to become more competitive both locally and internationally.
Intellectual property is not only for big companies
One common misconception is that intellectual property is only useful for multinational companies. Experts disagree. A tailor operating from a small workshop, a local music producer, a photographer covering weddings, or a young entrepreneur selling products online can all benefit from protection.
For small businesses and individual creators, intellectual property can build customer trust, increase commercial value, create licensing opportunities, reduce unfair copying, and strengthen competitiveness. In today’s digital world, where songs and photographs can be shared across social media within seconds, protecting creative work has become even more important.
What every Gambian creator should know
Experts say creators do not need to become lawyers to benefit from intellectual property. They simply need a few basic principles.
If you are a musician: Protect your original songs through copyright. Keep records showing when you created your music. Understand how royalties and licensing work.
If you are a visual artist or photographer: Keep copies of your original work. Do not allow others to reproduce or sell it without permission. Use written agreements whenever your work is used commercially.
If you are a promoter or DJ: Understand that music is protected by copyright. Commercial use may require permission or licensing. Respecting creators’ rights helps strengthen the entire creative industry.
Intellectual property and the future of The Gambia
As The Gambia seeks to diversify its economy, many experts believe the creative sector could become an important source of employment and economic growth. Fashion, music, film, digital media, handicrafts, and cultural tourism all depend on creativity — but creativity alone cannot unlock their full economic potential. Creators must also understand how to protect and commercialize their ideas.
Greater public education, stronger institutions, efficient registration systems, and effective enforcement can help creators receive fair recognition and financial rewards. Schools, universities, and entrepreneurship programs also have a role to play by introducing IP education to young people before they enter the workforce.
A shared responsibility
Protecting intellectual property is not only the responsibility of government institutions. It is also the responsibility of creators, businesses, and consumers.
Businesses should avoid knowingly copying another person’s protected work. Consumers can support originality by buying genuine products. Creators should take time to learn about the rights available to them before sharing valuable ideas or designs.
As David Jeng has argued, intellectual property should become part of every entrepreneur’s business strategy, not an afterthought.
The bottom line
Whether it is a new Afro-jazz song recorded in Sintet, a photograph capturing the Kankurang Festival in Janjangbureh, or a painting inspired by the River Gambia, every creative work begins with an idea. That idea has value.
When properly protected, it can become more than a piece of art — a source of income, employment, and recognition. Gainako’s story shows registration alone is not enough; Gambia’s creative economy also needs the institutions, enforcement, and awareness to make that protection meaningful.
The Gambia already has talented creators. The next step is ensuring they understand that creativity deserves protection as much as it deserves recognition.
