Kenya music alliance calls for Copyright Act review

In a petition submitted to Parliament, MAAK said these concerns highlighted the need for immediate action to safeguard the interests of artists and copyright owners in Kenya.

One of the key issues raised in the petition is the licensing of collective management organisations (CMOs) by the Edward Sigei-led Kenya Copyright Board (KECOBO), despite its underperformance, which is contrary to the provisions of Section 49 (9) of the Copyright Act, MAAK said.

“This section clearly states that a CMO may be deregistered if it fails to function adequately, deviates from its memorandum and articles of association, alters its rules to the extent of noncompliance, or fails to adhere to any provisions of the Act,” MAAK chairperson Justus Ngemu said. “This continued licensing of underperforming CMOs not only contradicts the law but also infringes upon our constitutional rights.”

Another clause highlighted by MAAK is Section 46 (5), which it says restricts freedom of association of its members, in direct violation of the Kenyan Constitution.

“This provision forces artists to belong to organisations that do not serve their interests and denies them the right to exercise their freedom of association. Furthermore, it is disheartening to note that the Copyright Act has not been reviewed since the promulgation of the Constitution of Kenya in 2010 [thus] failing to adapt to the changing needs of our creative community,” Ngemu said.

MAAK is an NPO representing the interests of artists, musicians and copyright owners in Kenya. It promotes fair practices and advocates for artists’ rights, and is lobbying for legislation that would compel CMOs to distribute a minimum of 70% of collected royalties to artists. Currently, the majority of CMOs allocate a significant portion of the collected revenue to administrative expenses.

In a chart provided to Parliament, MAAK gave a breakdown of how Kenyan CMOs have utilised royalties between 2014 and 2021.

“Over the past decade, KECOBO has reported a consistent trend of CMOs utilising a substantial portion of funds for administrative duties, thus depriving artists of their rightful earnings. This exploitation of our members’ hard work amounts to nothing short of enslavement, a violation of the constitutional rights of artists and copyright owners,” Ngemu added.

“MAAK remains committed to protecting the rights and welfare of our members and seeks a collaborative effort with all stakeholders to address these pressing concerns. Together, we can create an environment that fosters creativity, supports artists and upholds the principles of fairness and justice within the Kenyan creative community.”