Kenya: MPAKE online tool ‘is way forward’

MPAKE was awarded a licence to represent authors and composers in March 2017, through an open and competitive process that was conducted by government regulator the Kenya Copyright Board (KECOBO). This after the Music Copyright Society of Kenya (MCSK) failed to administer royalties in 2016 and distributed only 13% of the 70% required the previous year.

What followed was a protracted legal matter brought by members of the MCSK in November when the case was transferred from the high court in Kakamega to the office of the attorney-general in Nairobi. Since then, MPAKE has been working on improving its systems to improve services for its members.

Transparency in Kenyan royalty collection has been a perennial issue raised by artists and the introduction of the digital registration process has been widely lauded as a workable solution. The new platform now guarantees copyright owners data transparency and complete control of their works.

Kenyan composer and producer Dan Aceda, who sits on MPAKE’s inaugural committee, told Music In Africa that the new system would accelerate the registration process as compared to the paper-based method that had proved difficult to maintain.

“In my opinion, and by my own personal experience, the biggest issue was a cumbersome record system,” he said. “’It was impossible to acquire a register of works that could be linked with the rights holders. For instance, my own music is on sale on iTunes with a picture of another person.”

Additionally, there are previous reports of ghost members bearing fake identification numbers, bogus Kenya Revenue Authority (KRA) pins and YouTube videos, as well as cases in which songs were attributed to other rights holders. This resulted in payments to the wrong individuals.

A vetting process is under way and registered members are encouraged to double-check their personal information including KRA details.

Free registration has now lapsed and new members are required to pay 500 Kenyan shillings ($5), which will be deducted upon their first royalty payment.

“This platform is immediately available to more than 6 000 authors and composer who applied to join MPAKEs,” Aceda said. “My dream is that authors and composers will finally get full control of their works' data and performance via this platform.

He said rights holders should not fear paying taxes on their earnings. “It's both a legal requirement and the morally correct thing to do. I believe the KRA will advise us on the actual rate if need be, but for now it stands at 5%,” he said.

Rights holders can apply for MPAKE membership by visiting the body’s official website.

The following documents are required to apply online:

• ID/passport (copy and number)
• KRA pin copy
• Mobile phone number
• Recent photograph
• Evidence of work that is publicly available, such as a YouTube link

Although the platform is not yet able to fully support a mobile-phone user interface, Aceda is certain that the new platform is the way forward.

“Currently we are not available on the mobile platform but this is something we will try to achieve later,” Aceda said.

"For now, rights holders must use a cybercafe or other alternatives. This is on par with other government services such KRA pin and tax filing as well as eCitizen, so we are confident of the success of the model.

“We will continuously improve and eventually we wish to be able to give the user information on their earnings and song performance data.”