Frequently Asked Questions


MEMBERS/POTENTIAL MEMBERS:

What is a Collective Management Organisation ?

These are organisations that exercise copyright and related rights on behalf of their members. The creator of a work has the right to allow or to prohibit the use of his works. A playwright can consent to his work being performed on stage under certain agreed conditions. A writer can negotiate a contract with a publisher for the publication and distribution of a book, and a musician can agree to have performance recorded on compact disc.

However, an author cannot monitor all radio stations, restaurants, clubs and public service vehicles to negotiate licence fees, and receive dues for every time their work is used. It is also not practical for a broadcasting organization to seek specific permission from every author for the use of every copyrighted work. CMOs bridge this need by serving as a single point of contact to negotiate, collect and distribute royalties.

Who does MPAKE Represent ?

MPAKE represents authors, arrangers, composers, and publishers of music. Under section 46 of the Copyright Act of Kenya, MPAKE is licensed by the Kenya Copyright Board to collect, negotiate and distribute royalties. Members authorise MPAKE to exercise their copyright on their behalf.

What rights does MPAKE hold on behalf of its members ?

MPAKE administers copyright in the musical works on behalf of its members. As per section 26 of the Copyright Act of Kenya, these rights are:
• the reproduction in any material form of the original work or its translation or adaptation,
• the distribution to the public of the work by way of sale, rental, lease, hire, loan, importation or similar arrangement, and
• the communication to the public and the broadcasting of the whole work or a substantial part thereof, either in its original form or in any form recognisably derived from the original.

What do I stand to gain from joining MPAKE ?

You will receive:
• Royalties for the use of your copyright works
• Access to workshops and seminars
• Access to a network of musicians

How can I join MPAKE ?

Please follow the instructions here: http://www.mpakenya.org/membership.php

Becoming a member of MPAKE enables you to receive royalties from the use of your work. It also enables us to identify the correct owners and due recipients of royalties, especially where musicians take on pseudonyms. For example, royalty cheques would be written to David Mathenge, and not Nameless.

Who determines how much I get paid ?

Users/customers of music works (businesses, broadcasters, hotels, public service vehicles, etc) negotiate with the Collective Management Organisations to set a tariff. Upon successful negotiation, the final tariff is officially gazetted in the Kenya Gazette. This fee is payable to MPAKE, who deducts administrative costs and expenses incurred during the collection of tariffs. The remaining balance is distributed to MPAKE members.

Where possible, MPAKE engages in reciprocal agreements with Collective Management Organisations in other countries who collect royalties in their territories that are due to MPAKE’s members for MPAKE to distribute. This also enables MPAKE to collect royalties on behalf of foreign artists for foreign CMOs to distribute.

USERS/CUSTOMERS:

Is the paying for use of music in my business a Legal Requirement ?

Yes. The Kenya Copyright Act 2001, imposes an obligation on those who wish to broadcast, communicate to the public or diffuse protected musical works, sound recordings, and audiovisual works to pay a license fee to the relevant copyright holder(s). If you do not obtain a joint licence you will be infringing these copyright holders’ rights when you broadcast or communicate to the public, any of their musical works, sound recordings and audio visual works.

Does music add value to my business? Why do I pay to have music in my business premises ?

The Copyright Act of Kenya entitles holders of copyright and related rights to compensation for their work. Use of music without a licence constitutes copyright infringement under section 35 of the Copyright Act.

Research also shows that music significantly impacts earnings, even where the business is not set up to offer music as its main product. A study by the Association for Consumer Research found that diners in Scotland benefited from increased spending when slow tempo music was played. Specifically, drink spending increased by 51%.1

The use of music by businesses warrants compensation to the creators of each musical work for the effort and creativity invested into making a song. As right-holders in the musical work, the law provides that they are entitled to royalties from the commercial use of their work.

MPAKE
Tariffs levied on businesses compensate the creators of music for the positive impact that music has on business performance. The rates take into account how essential music is to the business. For example, a Night club is likely to pay a higher tariff than a supermarket.

I only play music from the radio/laptop/USB; do I still need a license ?

Yes. You require a joint license for musical works/ sound recordings and/ or audio visual works if you render such recordings audible in public by means of audio services on radio, television or other media at your business premises. A broadcaster pays for the broadcast of the sound recordings and audio visual works while further communication to the public attracts a separate license. It is important to note that broadcasting and communication to the public are two distinctive rights that exist independently. You will also need a joint license if you are using recordings as part of a telephone “on-hold” system.

1 Source:
http://www.restaurant.org/manage-my-restaurant/operations/front-of-house/how-music-establishes-mood-and-drives-restaurant-p

GENERAL:

What is the Joint license ?

The joint licence is an initiative to improve the ease of doing business in Kenya by offering a single tariff rate for users of musical works, sound recordings and audio-visual works. This means that users/customers pay for a single license, as opposed to separate ones.

Who sets the joint tariff ?

The tariff rates are negotiated between the Collective Management Organisations and users/groups of users. These negotiated rates are then officially gazetted by the Office of the Attorney General of Kenya.

Is the paying for use of music in my business a Legal Requirement ?

Yes. The Kenya Copyright Act 2001, imposes an obligation on those who wish to broadcast, communicate to the public or diffuse protected musical works, sound recordings, and audiovisual works to pay a license fee to the relevant copyright holder(s). If you do not obtain a joint licence you will be infringing these copyright holders’ rights when you broadcast or communicate to the public, any of their musical works, sound recordings and audio visual works.

Is the paying for use of music in my business a Legal Requirement ?

Yes. The Kenya Copyright Act 2001, imposes an obligation on those who wish to broadcast, communicate to the public or diffuse protected musical works, sound recordings, and audiovisual works to pay a license fee to the relevant copyright holder(s). If you do not obtain a joint licence you will be infringing these copyright holders’ rights when you broadcast or communicate to the public, any of their musical works, sound recordings and audio visual works.