The Future of Copyright in Music.

Date : January 27, 2018 By Frankwise

Now more than ever, Digital Platforms are giving Creatives a voice in Kenya, specifically those in the audio-visual sector, through local and international platforms of download & streaming. Creatives are one piece of Legislation & Several Policy Documents away from Financial Liberation, through monetization of their Copyright.

Notable & Commendable Opportunities to the Future of Copyright in Music, brought about by The Copyright Amendment Bill (2017) are; A possible solution to Menace of Piracy in Kenya, A solution on Infringements and Third Party Liability & A Solution to the Royalty Collection challenge, by introducing a system of checks, balances & a necessary extension of mandate of oversight to these collective bodies.

For many years, the most attractive type of Right to be monetized by a songwriter has been the Right of Performance.

Copyright, being one of the Intellectual Property Rights that govern the audio-visual sector, is a Right that is under the mandate of The Kenya Copyright Board which spear-headed the task of proposing and drafting amendments to the 2001 Copyright Act, Laws of Kenya. So, how can Copyright be monetized alongside Performance & Production Rights in a Musical Work?

The amendment to this Legislation, when passed, shall be important to have & digest as owners of Copyright specifically in the audio-visual sector. Let’s put this into perspective.

In a Musical Work, Copyright is held by the Songwriter, Composer, Arranger, Track-Producer & Publisher. In Kenya, there are several ways in which a Copyright Holder can use their Copyright to create several Revenue Streams from one piece of Work.

A Songwriter being a Copyright Holder may decide to Register Copyright to their  Work at The Kenya Copyright Board for a Fee of KES. 1,000, to ensure Proof of Ownership and Prioritized Protection in Law, if ever an Ownership Dispute Occurred During, Before or After Licensing the Musical Work.

The Musical Work is Eligible for Registration at the Licensed Copyright Collecting Royalty Body, Music Publishers Association of Kenya (MPAKE), where the Copyright Holder would be entitled to collect Royalty payments.

The Collective Management Organizations, in the Past, have had challenges with the collection of Royalties from the heaviest users of Musical Works, Broadcasters who haven’t been supplying the Collective Management Organizations with Broadcast Logs therefore denying copyright holders their Rightful Royalties for heavy Exploitation of their Copyright through Advertisements. This matter ended up in Court and the Outcome seeks to be addressed by the 2017 Copyright Amendment Bill.

The 2017 Bill has touched on The Management of CMOs and looks to streamline the once messy affair of Royalty Collection, by giving KECOBO more authority and mandate over running & management of the three Bodies. The importance to a Musical Work, is for accountability & transparency in monetization of Copyright through Royalties.

Administratively, there is commendable progress as well. The Three Licensed CMOs, MPAKE, KAMP & PRISK signed an MOU in 2017, and are Collecting License Fees from users of music, jointly, via a web-portal integrated with Mobile Money which will prove to be more Cost Effective & Transparent for Audit by KECOBO.

The Musical Work, is also Eligible for further multiplicity of Copyright Monetization through International & Local Digital Music Platforms, that offer Downloads & Streaming. These are the likes of; I-Tunes, Spotify, YouTube, Songa Music By Safaricom, Mdundo, Safaricom SKIZA, & BoomPlay through Non-Exclusive Licensing Agreements.

Synchronization in Film, through licensing the musical work either as a Background Track or Soundtrack, can also establish an alternative source of revenue for the Musical Work. The demand for locally produced Audio-Visual Content went up upon the Declaration of The National Music Policy, which needs to be read together with the Film and Intellectual Property Policies, demanding a mandatory 40% of all broadcast audio-visual Content, be those locally produced.

In conclusion, the challenges to the opportunities lie in the phrase, “laws are good, as long as they can be enforced.” Copyright Holders, specifically those with Musical works are at a defining moment and stand a chance to effectively and efficiently monetize their copyright, which lasts a maximum of Fifty years after of the death of the Copyright Holder and can exist in perpetuity if registered under a Corporate Body. Copyright Holders need to start Protecting their Copyright and get their musical works on Digital Platforms as this will form the bulk of Consumption habits of Music, lighting the path to Kenya’s bright future of Copyright in Music.