Music Business and Ethics I

BMPT 410 GROUP IV

 MEMBERS
• Patrick Rono
• Linah Kamore
• Faith Akoth
• Victor Warima
• Beatrix Nyangasi
• Lenny Kimathi
 TASK
• To research on the stakeholders and organizations that are in charge and
have been in charge of the music business in Kenya since the 1980’s.
• Looking at the role of the ministry of Youth Affairs, Sports and the Arts in
terms of music business and promoting the Kenyan musician
 INTRODUCTION
• Song creation is usually a job that is done among a group of people, with
each individual having a slice of pie when it comes to the music process.
• They therefore require a cut of the earnings of the songs that are produced,
getting an earning from the songs
• Split sheet – A written agreement identifying all the contributors to a song
as well as their ownership percentages of the song. It becomes legally
binding when officially signed.
 Cont.
• Music therefore has different rights for the different individuals involved in the process.
• The rights include:
 Arranger
 Author
 Publisher
 Performer
 Producer
 Marketer
 Etc.
Companies and Organization
Collective Management Organizations (CMOs)
 CMOs
• These are organizations appointed by copyright holders to manage the rights in the
copyright works.
• They are tasked with:
 Administering the licensing of rights
 Collection of royalties
 Enforcement of rights on behalf of the copyright holders
 They monitor use of works and collect the license fees on behalf of the copyright
owners
 Cont.
• They all work under The Kenya Copyright Board(KECOBO) being the main
stakeholder of in terms of copyrights in Kenya.
• They include:
 Music Copyright Society of Kenya (MCSK)
 Performers Rights Society of Kenya (PRISK)
 Kenya Association of Music Producers (KAMP)
 Music Publishers Association of Kenya (MPAKE)
 Creative Society of Kenya (CSK)
 Kenya Copyright Board
• A state corporation mandated with administration and enforcement of copyright and
related rights.
• It is responsible for:
 Organizing legislation
 Conducting training
 Enlightening, informing and sensitizing the public
 Licensing and supervising activities and CMO’s
 Creating effective databank on authors and works
 Music Copyright Society of Kenya
• A non-governmental, non-profit organization mandated with administering
economic rights of:
 Authors
 Composers
 Arranger
 Publishers
• They collect royalties from government and music users and distribute to the
rightful owners
 Cont.
• They also administer some main rights
 Broadcasting
 Public performance
 Mechanical
 Synchronization
 Cont.
• Registered in 1983 with Mr. David Amunga, Mr. Rajab Chumbii and Mr.
Daudi Kabaka as some of the directors.
• Abel Kifoto was the first member.
• There are close to 20,000 members in the organization.
 Performers Rights Society of Kenya
• This is licensed to represent performers in musical/dramatic works through distribution
of royalties to the right owners.
• It was established on 1st November 2009
 Sets and negotiates tariffs with different sound recording users and audio visual works.
 It collects equitable remuneration from the users of the works
 Enters agreements with manufacturers/importers of the recording equipemt and blank
media
 Collects royalties on behalf of performers.
 Cont.
• It deals with such rights:
 Public performance
 Broadcasting
 Public communication
 Making available to public using wire and wireless
 Cont.
• It represents:
 Musicians
Vocalists
Track producers
Background vocalists
Instrumentalists
 Actors (main, featuring or supporting roles)
 Kenya Association of Music Producers
• Represents the rights and interests of the music producers of sound recordings.
• Membership comprises of the record labels
• It was incorporated as an NGO in 2003 and licensed in May 2008 to operate
as a CMO.
• Some of the founding directors were:
 Bruce Odhiambo
 Babu Allan Kanyottu
 Cont.
• People playing recorded music in public are required to get a KAMP
license:
 TV, radio broadcasters
 Events
 Shops
 PSV’s
 DJ’s
 Music Publishers Association of Kenya
• This is a relatively new organization that was brought about to replace
MCSK due to the troubling times that it was having in terms of corruption
and in house problems.
• It is a non-profit organization that is tasked with collecting royalties for
authors, composers.
• It was credited and granted a license by KECOBO in March of 2017.
 Creative Society of Kenya
• This is a national organization for all of Kenya’s creative industries, arts
and cultural education.
• It acts as an advocator for the sector, ensuring the industry is central to
economic, political and social decision making.
• It aims to connect all the creative sectors and bridge the gap between
them, making sure that the departments in the sector are connected.
The Role of The Ministry in Music
Business
Ministry of Youth Affairs, Sports and Arts
 The role of the Ministry
• To organize events, in accordance with the Permanent Presidential Music
Commission, especially during the National Holiday Celebrations
• To provide a national registry from around 2021, which required all the artists and
musicians to register themselves a new together with the works that they have done
on their own right. This is important as it allows the government to be able to
follow up on musicians and their input and therefore what they deserve in terms of
royalties.
• Overseeing the workings of the Kenya Copyright Board and the CMO’s in regards
to their performance and their day to day running.
 Cont.
• Setting up a centralized payment system to be able to disburse the funds
that are availed by the government during times such as pandemics, as
seen by the 100 million that was released by the government to help the
musicians.
• In charge of the archiving and storing of documents such as music from
Kenyan singers and performers in order to ensure the Kenyan music is
known.