• Music Associations Alliance pointed out irregularities by KECOBO and CMOs
• The musicians’ association organisation wants CMOs to distribute 70% of revenues collected to artistes
• The group also wants Parliament to amend a number of Copyright Acts which have not been favouring artistes and copyright owners
Kenyan artistes have for the longest time been complaining about the peanuts they have been receiving from different Collective Management Organisations(CMOs) as royalties for their creative works.
The blame has always been rested on Kenya Copyright Board(KECOBO) and a number of Kenya’s CMOs such as MCSK, PRISK and MPAKE who have severally been accused of misappropriation of revenues collected for artistes’ works.
Well, Kenyan artistes have finally found a dedicated representation body which has taken upon itself to defend and fight for their rights.
YEIYO.com has learnt the powerful Music Associations Alliance has officially petitioned the Kenyan Parliament to review and amend the Copyright Act.
According to the Music Associations Alliance, it tabled it’s petition in a bid to address a number of concerns which have been affecting it’s members, namely artistes and copyright owners negatively.
According to a copy of the petition seen by this writer, The Music Associations Alliance wants KECOBO to diligently deal with CMOs it has been registering which have been frustrating Kenyan artistes.
The new umbrella body for various music associations in Kenya wondered why Copyright Board has been licensing and allowing various Collective Management Organizations(CMOs) to operate yet they have been performing below expectations of many artistes, contrary to Copyright Act Section 49(9).
The Music Associations Alliance insists that KECOBO’s continued licensing of CMOs has greatly occasioned an serious infringement of artistes’ constitutional rights.
The body, through its petition to Parliament dated Tuesday, June 27, requested that some Copyright Acts such of Section 46(5) should either be amended or completely be done with.
Section 46(5) of the Copyright Act, as stated by The Music Associations Alliance in it’s petition to Parliament limits the freedom of association of it’s members contrary to the Constitution of Kenya.
It should be noted that Section 46(5) of the Copyright Act states;
The board shall not approve another CMO in respect of the same class if rights and category of works if there exists another CMO that has been licensed and functions to the satisfaction of its members.
The effect of this section of the law is that most artistes have been forced to belong to organisations that are not serving their common interests.
The Music Associations Alliance reiterated that the aforementioned law does not provide for artistes to exercise their freedom of association.
The artistes’ defended reminded Parliament that the Copyright Act should be reviewed following the amalgamation of the Constitution of Kenya, 2010.
The petition went on to request Parliament to come up with a law that will compel Collective Management Organizations(CMOs) to distribute at minimum 70% of money collected to artistes and copyright owners.
The group held that KECOBO should immediately deregister CMOs that fail to comply with 70/30 share in favour of artistes.
The petition also touched on the many irregularities perpetrated by the CMOs, which KECOBO has turned a blind eye on for the past 10 years.
The Music Associations Alliance pointed out that artistes have been working hard only to receive little to no royalties since a big chunk of the collections have always been squandered by CMOs in the name of administration costs.
If the petition is successful, then Kenyan artistes will finally reap from their hard work.
The petition will also streamline KECOBO’s operations and keep the body on toes once it goes through.
The Music Association Alliance Of Kenya is a non-profit industry organisation registered by the government as an umbrella body for music associations in Kenya.
It represents the following music associations;
Nairobi Musicians Association
Coast Kenya Musicians Association
North Eastern Kenya Musicians Association
Central Kenya Musicians Association
Nyanza Kenya Musicians Association
Rift Valley Kenya Musicians Association
Western Kenya Musicians Association
Eastern Music Association
