Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-18 08:08:02
The CEO of the Music Copyright Society of Kenya (MCSK), Ezekiel Mutua, has expressed strong opposition to the government’s directive to collect music royalties through the eCitizen platform as part of its effort to streamline revenue collection. In a statement posted on his social media page on February 17, Mutua criticized the move, calling it the “highest level of ignorance” and warning that it could lead to legal disputes.
Mutua emphasized that music is a talent, similar to football or athletics, and should not be subjected to the same revenue collection platform as other forms of income. He pointed out that just as footballers and athletes are not paid through the same platform, the government does not have the right to collect revenues from artists through the eCitizen platform.
Furthermore, Mutua stressed that music is a private right, and while the government can collect taxes from the payment of royalties, it cannot administer copyright on behalf of musicians. He revealed that MCSK already has a distribution system for music royalties, which is set to be implemented once the current staff are trained. Additionally, the organization has received a distribution system from the World Intellectual Property Organization (WIPO) and is undergoing training on its usage.
As a signatory to the Bern Convention and a member of the World Intellectual Property Organization (WIPO), Mutua highlighted the importance of protecting the administration of copyright as private property. He urged the government to support Collective Management Organizations (CMOs) and enact proper policies to safeguard intellectual property. Mutua emphasized that music businesses are run privately through CMOs worldwide and that government intervention would contradict its plans to privatize its parastatals to increase profitability.
Public Service Cabinet Secretary (CS) Moses Kuria announced on February 11 that the government was working on amending the Copyright Act to establish a CMO responsible for collecting royalties from artists. Kuria also mentioned the intention to task the eCitizen platform with the collection of music copyrights and royalties in the near future.
However, Mutua and Gender CS Aisha Jumwa rejected Kuria’s comments, stating that discussions were ongoing, and a formal announcement would be made once talks were concluded. They underscored the need for the government to engage in meaningful discussions with stakeholders and consider the implications of such a decision on the music industry.
Overall, Mutua’s strong opposition reflects the concerns of many stakeholders in the music industry over the government’s plans to collect music royalties through the eCitizen platform. The clash of opinions highlights the need for extensive consultations and dialogue between the government and the music industry to ensure fair and effective revenue collection for music creators.
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