Kenya: MCSK distributed $100 000 in royalties – Mutua

According to media reports quoting MCSK CEO Ezekiel Mutua, the amount constitutes a recent payout made by the collective management organisation (CMO) to over 16 000 artists, with the highest earner receiving Ksh330 000 and the lowest earner getting Ksh637.

However, the news has been met with scepticism rather than celebration, with many musicians and industry players questioning the accuracy of the figures and the distribution formula.

The distrust stems from a decades-long row between Kenyan artists and the MCSK over a perceived lack of transparency in the collection and distribution of royalties. Many artists hold the view that the country’s oldest CMO is misappropriating the funds it collects on their behalf, awarding them pittance as its officials pocket the lion’s share of the funds.

But reacting to the criticism, Mutua termed the recent distribution as a “significant step forward.” He said the disparity in payouts depended on the airplay an artist received.

“Our hope now is once we streamline things, musicians will make money,” Mutua said. “We had a choice to make when we got Ksh15m whether to distribute or not. We knew some would be happy while others would not because it depends on the airplay.”

Mutua also attributed the MCSK’s challenges to licensing issues. This, music industry insiders say, is brought about by the MCSK’s refusal to adhere to proper management practices as demanded by the regulator, the Kenya Copyright Board (KECOBO).

In January, for example, KECOBO declined to issue the MCSK with a 2023 operating licence after accusing the organisation of contravening the Copyright Act No 12 of 2001 and the Copyright (Collective Management) Regulations of 2020.

As part of the requirements for the renewal of their licences, KECOBO had asked Kenyan CMOs to submit a list of beneficiaries and amounts paid in royalties for 2022, audited financial statements for the period up to June 2022 and an authenticated members list, but the MCSK failed to comply.

However, on 17 May, the Kenyan Parliament came to the rescue of the MCSK, ordering KECOBO to renew its licence.