21/02/2024
RE: E-CITIZEN IS NOT THE SOLUTION TO THE EXISTING PROBLEMS IN THE COLLECTIVE MANAGEMENT OF MUSIC RIGHTS IN KENYA.
The Recording Industry of Kenya, RIKE, is the voice of the recording industry in Kenya. Registered as a not-for-profit organization under the Kenyan law, RIKE campaigns for the rights of Kenyan record producers, either record labels or self-released artists who own their sound recordings and are the primary investors in music, by ensuring that the protection of their significant investments, financial and other, are properly protected and enforced and that the protection of the overall recorded music ecosystem is enhanced across the board. RIKE is not a Collective Management Organization. We work with stakeholders to ensure that, among other things, the collective management of sound recordings aligns with global practice.
RIKE was founded by local record companies with the support of the major global companies (Universal Music Group, Sony Music Entertainment, Warner Music Group) who are also part of the founding membership which includes Sol Generation, Decimal Records, Kassanga Music, Sub Sahara Ltd, and Kalakata Music Records.
RIKE notes with great concern the announcement by the Kenya Copyright Board (KECOBO) that music royalties will be channeled through the government’s E-Citizen platform. While the E-Citizen platform may be a competent public resource mobilization portal for government services, it is neither a solution for the existing collective management deficits nor proficient for the collection and distribution of rightsholders’ royalties. E-Citizen lacks the technological know-how requisite for accurately invoicing and licensing users of sound recordings and further does not exhibit any inbuilt capacities for actual monitoring of use of recordings to facilitate accurate distribution of royalties.
Further, the Board and other proponents of E-Citizen must acknowledge and appreciate that copyright is a private right that can be managed either directly by the rightsholders or collectively through a CMO subject to mandates from the respective class of rightsholders, and that this is done within a functional regulatory framework. The work of the Government is to ensure rightsholders benefit from progressive policy, legal and regulatory environment. The seemingly ‘hostile takeover’ of collective management by Government does not align with global practice or African standards and should not even be considered as a last resort.
Since the purpose of CMOs is to license the use of recorded music (in RIKE’s case) of rightsholders for broadcast and communication to the public, and distribute the license fees back to the said rightsholders they represent (be they domestic, regional or international), due deference to particular private contracts reflecting accurate metadata of rightsholders and specific share divisions which these contracts contain, they need IT systems that enable them to do this accurately and efficiently.
Such systems include fully scalable member management, repertoire databases, agreement / contract files, matching and distribution systems. Specialized and proprietary technologies for indexing, matching, and searching, are used which are compliant with the latest data supply formats commonly found at affiliated CMOs which in turn provide for seamless data exchanges – be they the import or export of metadata and / or royalty payments for both domestic and international sound recordings.
RIKE holds the view that to address the seemingly chronic rights management problem among CMOs, there is need to hold CMOs accountable within the law and global practice, and this process must include a thorough audit of the CMOs, and prosecution of any individuals alleged to have been involved in the mismanagement of rightsholders’ funds.
We urge Honourable Aisha Jumwa, CS Gender, Culture, the Arts and Heritage, to proactively engage with rightsholders towards establishing a culture of transparency, accountability, and good governance among the CMOs to ensure the CMOs serve the interests of rightsholders. The Government needs to support RIKE’s efforts in working with our global partners to locally facilitate the administration of International Standard Recording Code (ISRCs) to owners of sound recordings and music videos. The ISRC is the standard identifying code used to accurately track and manage sound recordings and music videos across revenue streams, including radio and TV broadcasting.
As the voice for the recording industry in Kenya, it is our responsibility to have right-holders well informed on the best global practices that will lead to their achievement of economic/financial prosperity.
By RIKE Board.
For information on RIKE’s mandate and how to become a member, please contact:
Angela Mwandanda
National Coordinator, RIKE
Email: [email protected]
