International body challenges Kenya on intellectual property

At the weekend, a discussion on how to fill that gap came up during a round-table discussion organised by the Kenya Copyright Board (KECOBO), the Kenya Film Commission (KFC) and the World Intellectual Property Organisation (WIPO).

The global content and audio visual business industry discussion drew legislators and practitioners from the creative industry. Presentations revolved around copyright in the audiovisual industry and the balance between direct licensing and collective management opportunities available for the growth of the creative sector in Africa.

Speaking to Music In Africa, WIPO’s senior counsellor in the copyright law division, Carole Croella, said the continent had a vibrant economic progression that has seen the rapid growth of intellectual property. Therefore, for the creative industry to have well-drafted policies, there was need to know the market and its trends.

“There is very little collection of economic data and very little experts trained on how to collect data in Kenya and other African countries,” Croel said. “That was reason enough for us to commission two experts to conduct a visibility study to see how the collection of audiovisual data could be improved. They were able to come up with suggestions that we shall implement with our members.”

Local practitioners were in agreement with the fact that the unavailability of economic data for the creative sector in Kenya has made it difficult for regulatory bodies, collective management organisations (CMOs) and the government to create an even framework for the development of the industry and its practitioners.

“It is very difficult to request for funds to assist our members,” KECOBO boss Edward Sigei said. “This makes it difficult for us to create a conducive environment for practitioners in the sector to comfortably do their work and profit. For example, we receive a lot of complaints of piracy both from the local and international market but KECOBO is unable to act on it fully because we do not have the financial and human resources to do that.”

In relation to that, Croella said Kenya should consider ratifying the international Beijing treaty adopted on 24 June 2012 on audiovisual performances.

“The treaty grants protection to performers such as singers in their audiovisual productions,” she said. “It is important as singers and musicians will be able to, as an example, generate revenues for the exploitation of their performances in video clips thus creating a new income stream. In Africa only Nigeria, Algeria, Botswana, Tunisia and Burkina Faso have as of today ratified the treaty.”

Croella said that over the past three years WIPO had offered technical assistance on copyright law and conducted a capacity building project for professionals in the audiovisual sector including musicians and songwriters whose music had been used in film.

“So far we have worked with regulatory bodies in Kenya, Senegal, Morocco, Burkina Faso and Côte d’Ivoire. In Senegal we supported the adoption of the new communication bill. In Kenya we have been working with KFC in giving them advice on the new film policy, which is tabled in Parliament. We have also supported the development of CMOs in Kenya, Senegal and Côte d’Ivoire,” Croel said.