The Impact of Copyright on Cultural Production in Haiti: Legal Framework, Opportunities, and Global Potential by Vanessa Abdel-Razak
- Hetanshi Gohil
- Jul 17
- 2 min read
In The Caribbean IP Annual 2025, Vanessa Abdel-Razak, Founder and Partner at Abdel-Razak & Associates, explores the evolving role of copyright law in protecting and empowering Haiti’s creative industries. With its globally recognised music, visual arts, and literature, Haiti holds immense cultural and economic potential, yet enforcement gaps in intellectual property rights (IPRs) continue to threaten that legacy. Vanessa calls for stronger legal frameworks, digital infrastructure, and collective rights management to elevate Haitian creativity to global markets.
Copyright as a Tool for Economic and Cultural Growth
Copyright is more than a legal safeguard; it’s a mechanism for economic resilience, artistic sovereignty, and innovation. For a country like Haiti, home to Kompa, Rara, and a rich literary and visual arts scene, a modern copyright system would:
Enable creators to monetise their work fairly
Attract cultural investment
Combat piracy and unauthorised exploitation
Protect Haiti’s national identity on a global scale
Vanessa argues that a robust copyright regime is essential to transforming creativity into sustainable economic output.
Legal Framework: What Exists and What’s Missing
Haiti’s 2005 Copyright Decree modernised the country’s legal foundation, aligning with the Berne Convention and the Universal Copyright Convention. The law protects:
Economic rights (reproduction, distribution, adaptation)
Moral rights (authorship and integrity)
Neighbouring rights for performers, producers, and broadcasters
Folklore and traditional expressions, through collective rights management
Despite its progressive scope, enforcement is weak. Courts lack IP specialisation, piracy persists, and creators are often unaware of their rights.
The Need for Collective Management and Institutional Reform
The decree calls for a national collective management body, but full implementation has lagged. Such a body could defend creators, negotiate licensing, and ensure equitable distribution of royalties, particularly for folklore and community-held cultural expressions. Public policy, funding, and legal training are urgently needed to make this a reality.
Opportunities in the Digital Era
THaitian creators now have access to digital tools and platforms that can revolutionise how they produce, distribute, and protect their work:
Streaming and social media increase discoverability and global reach
E-commerce and NFTs create new income channels and enforce provenance
AI introduces novel creative possibilities, but also legal challenges
Digital Audio Workstations (DAWs) make high-quality production accessible
Vanessa emphasises that digital innovation must be met with digital regulation, especially for copyright, licensing, and royalty distribution.
Conclusion Haiti’s vibrant artistic heritage deserves more than admiration; it deserves protection, enforcement, and investment. As Vanessa Abdel-Razak outlines, copyright reform isn’t just a legal exercise; it’s a national strategy to unlock economic potential, preserve cultural identity, and elevate Haitian voices on the global stage.
Read the full article in The Caribbean IP Annual 2025 to explore how Haiti can turn legal reform into a creative opportunity and chart a path toward a copyright-enabled renaissance.
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