Tuesday, July 25, 2017

COURT STOPS MCSK FROM COLLECTING MUSIC ROYALTIES

Image alt

The high court sitting in Kisumu has issued orders stopping MCSK from collecting royalties from music users and businesses. The orders were issued following a petition by Kisumu Bar Owners Association and Kisumu Green Garden Restaurant. In their petition, the two asked that the court stops MCSK from harassing music users and businesses in the name of collecting royalties while they (MCSK) did not have a valid license and were not gazetted as a CMO.

In the ruling the judge quoted section 46(1) of the copyright act that states, "No person or association of persons shall commence the business of a copyright collecting society except under or in accordance with a certificate of registration granted under this section". The judge noted that MCSK's license to operate as a CMO expired on 31st December 2016 and their application to renew was declined and communicated through a letter dated 17 Feb 2017 from KECOBO.

The judge further noted that MCSK has had continued to illegally collect royalties from music users in complete defiance of the law and therefore found it necessary to issue orders baring them from doing so. The Kenya Copyright Board (KECOBO) has licensed three organisations to collect royalties on behalf of the music industry for 2017. The three are Music Publishers Association of Kenya (MPAKE) which represents Authors, Composers, Arrangers and Publishers, Kenya Association of Music Producers (KAMP) which represents producers of sound recordings and Performers Rights Society of Kenya (PRISK) which represents performers. KECOBO and MPAKE had been enjoined in the Kisumu matter as interested parties.

The judge ordered "That pending the hearing and determination of this Application, the Respondent whether by itself, it's Agents or servants or otherwise be and is hereby restrained from demanding and collecting royalties for the exploitation of performing and Reproduction rights of Authors (songwriters), Composers, Publishers and Arrangers of copyrighted musical works form users."
The case will be heard on 8th November 2017.

Click here to view the ruling from High Court in Kisumu

Tuesday, May 30, 2017

STATEMENT ON PHASE 1 OF MEMBERSHIP RECRUITMENT (April 4th – May 4th)

Image alt

The Music Publishers Association of Kenya (MPAKE) is a non-profit organization representing authors, composers and music publishers in the Kenya. The MPAKE exists to: safeguard and promote the interests of its members;
represent these interests to government, the music industry, the media and the public; provide publishers with a forum, a collective voice and a wide range of benefits, services and training courses; promote an understanding of the value of music and the importance of copyright; and provide information and guidance to members of the public.

Backgorund

In March 2017, after an open and transparent selection process The Music Publishers Association of Kenya (MPAKE) was appointed to be the Collective Managemenet Organisation representing authors, composers in Kenya. The same was followed by a gazzette notice 3420 dated 13th April 2017.

On April the 4th 2017 MPAKE opened up Kenya’s first self registration option for rights holder via sms and online application. The sms option was hosten via UUSS accessible by dialling *611# from a Safaricom line. This gave rights holders from all over the country an opportunity to digitaly register themselves from the comfort of their own home and is inline with Kenya’s policy of leveraging technology to incease efficiency in service delivery.

On May 4th Phase 1 of the registration process was concluded and Phase 2 immediately kicked off. As we now begin the vetting and confirmation process we would like to share highlights from the applications so far.

The Total Member Applications via the USSD Platform are 5,773 received from all counties of Kenya. Every single County in Kenya registered an application including counties hitherto not known for music business like Samburu and West Pokot.
MPAKE has a strong policy to empower the women who work in our industry and is excited to announce that Total Applications by Women are standing at 1822 (as at May 4th 2017) representing 42% of the total applications.

The total applications by Songwriters and Composers stands at 2566, and 2553 respectively while 655 companies and individual applied to be registered at Publishers.

There was a total of 45 incomplete applications which represents less that 1% of the total applications. This is a good sign for in regards to the efficiency of the sms based system and MPAKE will continue to empower rights holders to leverage technology in the management of their rights and music businesses.

We continue to receive applications via dialing *611# and welcome applications fro all composers, authors and publishers in Kenya who are yet to do so to apply as soon as possible. Applications can also be made via our website www.mpake.org/apply.