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Tag Archives: CMO

Enacting a Performers Protection Act in Kenya: Possible Solution in Post-Beijing Treaty Era

25 Friday Nov 2016

Posted by Louisa Matu-Mureithi in CIPIT Insights, Collective Management Organisations, Copyright

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Tags

audiovisual performances, Beijing Treaty, CMO, Collecting Society, Content Service Providers, Copyright, Copyright Act, intellectual property protection, intellectual property rights, Malindi High Court judgement, Performers Protection Act, Royalties, s30A of Copyright Act, Safaricom, skiza, WIPO

improve-your-live-performance-1200x901

Image credit: Sessionville

Following a previous blogpost here on the constitutionality of s30A of the Copyright Act and the role of CMOs, this blogger will now consider whether it would be worthwhile for Kenya to enact a Performance Protection Act encompassing the intellectual property rights proposed for audiovisual performers in the Beijing Treaty (when it comes into force; that is, once 30 eligible states have ratified the Treaty). It would be worthwhile to mention that Kenya signed the Treaty on the 26th of June 2012, although she is yet to ratify or accede to the Treaty.

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Listening to the Skiza Tunes Millions: Section 30A of the Copyright Act Unconstitutional and Role of Collecting Societies

22 Tuesday Nov 2016

Posted by Louisa Matu-Mureithi in CIPIT Insights, Collective Management Organisations, Copyright

≈ 3 Comments

Tags

CMO, constitutionality, Copyright, CSP, KAMP, Malindi High Court judgement, MCSK, Performance Protection Act, performer, PRiSK, PRSP, Royalties, skiza, Skiza tunes, WIPO

skiza-tune-safaricom

Image credit: YouTube

Skiza or “sikiza” is the Kiswahili word for listen or pay attention. Skiza Tunes is a caller ring back tone service run by local mobile network operator Safaricom. Since the platform provides Safaricom subscribers with access to caller ring back tunes this service falls within the scope of copyright licensing. The licensing of and collection of royalties from Skiza has been the subject of several court battles since the introduction of s30A of the Copyright Act through the Statute Law Miscellaneous Amendments Act of 2012. This section provides for the right to a single equitable remuneration for the use of sound recordings and audio-visual works to be licensed directly by two collective management organisations (CMOs) namely PRiSK (Performers Rights Society of Kenya) and KAMP (Kenya Association of Music Producers).

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Music, Money and Middle Men: Changing Dynamics between Collecting Societies, Rights Holders and the Public

22 Friday Jan 2016

Posted by Victor Nzomo in CIPIT Insights, Collective Management Organisations, Copyright, Intellectual Property, Public Interest

≈ 3 Comments

Tags

accountability, accounting, Act, Africa, Anton Piller, Articles, Assignment, association, Attorney General, auditor, bars, board, broadcast, Budget, CA, case, Cellulant, CISAC, CMO, Collecting Society, Collective Administration, Collective Management, Committee, Communications Authority of Kenya, Companies, Constitution, Content Service Providers, Court, CSP, Directors, disciplinary, discrepancy, distribution, earners, Elani Speaks, Elections, Expenditure, Fees, financial, formula, general, hotels, Incorporation, Intellectual Property, Interactive Media Services, intermediary, internal, JB Maina, KAMP, KECOBO, Kenya Association of Music Producers, Kenya Copyright Board, Law, legal, Liberty Afrika Technologies, License, Licensing, Limited, list, litigation, log, manager, Mandate, matatu, MCSK, Mechanical, mediation, member, Memorandum, middle men, minutes, Music Copyright Society of Kenya, parliament, performance, Performers Rights Society of Kenya, platform, police, PPP, premium rate service providers, PRiSK, procedures, public place, Ratio, records, reform, Regional, registration, Regulation, reports, resolution, restaurants, Rights, Royalties, Rufftone Speaks, rules, Safaricom, sheets, skiza, statements, Strategy, Supervision, Tamasha, tariff, top, transparency, value added services, WIPOCOS

Elani Speaks elanimuziki twitter Truth About MCSK

Disclosure: Back in the day when this blogger was young and naive, he worked both at Kenya Copyright Board (KECOBO) and Music Copyright Society of Kenya (MCSK). The views and opinions expressed in this blog are solely those of the author and should not be attributed to the author’s past or present employers or clients.

It all started with this twitter hashtag. Actually, no – one might want to start from an earlier point in time. On February 20th 1984 a local newspaper published an article titled: “Musicians Complain of Royalties” where it was reported that musicians who were members of the then Musicians Performing Rights Society of Kenya (MPRSK) had complained that the license fees collected on their behalf by MPRSK under a pre-existing collaboration agreement with the Performers Rights Society (PRS) in London were not being paid out to MPRSK members. On March 1st 1984, Mr. S.N. Ndemange the then MCSK General Manager wrote a letter captioned “Royalty Payment” addressed to Mr. Habel Mwalumba Kifoto, one of the complaining musicians mentioned in the newspaper article, explaining that the functions of MPRSK had since been taken over by MCSK, a duly registered company limited by guarantee incorporated a year prior in 1983, that would serve as the national society of composers, authors and publishers of musical works. Shortly after, Kifoto joined MCSK as a member and later rose up the ranks to become the Chairman of the Board of Directors at MCSK, a seat he occupied until his untimely demise on July 31st 2011.

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