IP Ignorance

Intellectual Property is a fairly complicated matter, with so many moving parts. Musicians need to be familiar with copyright right law, trademarks, image publicity rights, design rights, contact law, competition law and defamation, just to mention a few. A single piece of music is subject to different right holders is utterly confusing the matter. Add that to the fact that the laws differ from one country to another and access to localized knowledge is not very easy. Many management teams in Kenya don't even fully understand what copyright is or how to make money from it. Some seek legal advice from lawyers who are not necessarily IP lawyers and end up missing out on very key issues that latter bring confusion and endless litigation.

A few weeks ago the Kenya Copyright Board (KECOBO) came out to clarify on a misrepresentation of facts that they had noticed in both mainstream and social media. The statement read in part.

" In reference to various articles in print and on social media on the copyright amendment bill 2017 suggesting that the CMO licensed by KECOBO face scrapping, the board would like to clarify that the amendments don't apply to the amounts currently being collected by CMO'S and so will not lead to the de-registering of any CMO. The articles refer to the proposed amendment of section 28, 29 and 30 of the copyright act which provide for a better collection of bank tape media levy."

This notice by KECOBO is but one of many press releases that bombard journalist on a day to day basis. News outlets are often caught between groups of differing opinions on the same matter. In war the first casualty is always the truth, and facts about IP in Kenya are getting harder and harder to find. The Kenyan law is also not so clear about several things, thus necessitating numerous amendments. These changes though necessary only work to further confuse the industry. In the absence of credible information rumors then come in to fill the information gap.

Jude Clark is a digital strategist and a passionate supporter of the Kenyan economy, her platform, Alchemy- The creative session, aims to plug the information gap that exist in the industry. Various experienced players in the industry have had the opportunity to share their wealth of knowledge at the event that is sometimes recorded and shared on social media. She admits that the industry lacks a central authority that can be trusted to disseminate credible and timely information to both the public and the industry players. Speaking exclusively to Music in Africa she explained the full extent of this IP ignorance.

“Experienced artistes have more knowledge than upcoming acts but many of them have learnt the hard way. Most people get into the music business with absolutely no clue about IP. Technology has made it easy to produce professional content so we have so many people producing content at home but they have absolutely no idea what to do with it once it’s done." Jude Clark said.

Gerry Gitonga is a leading IP lawyer in Nairobi and has represented many big names in Kenya and the general East African region. In his experience many artiste don't know the value of a good contract, many produce music without clear split sheets and contracts leading to multiple conflicts when the song hits. Gerry Gitonga said.

"There are court cases that have dragged on for years yet they could have been prevented by a simple contract. You cannot understand the value of your copyright or trademark, or brand unless you understand IP law. Many musicians today are selling something they totally don't understand. "

With continuous changes in the technology, law and fundamentals of the industry players must find ways to stay updated. Though there are many platforms that aim to educate industry players they are often ignored perpetuating the state of IP ignorance.