KECOBO Lays Strategizes To Tackle Copyright Challenges

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By Bernadette Khaduli (KNA)

The Kenya Copyright Board (KECOBO) has plans to launch a robust capacity-building program that will enlighten musicians, content creators, and publishers on copyright protection laws and policies.

The programs will also engage authors, collective management organizations (CMOs), and other stakeholders on the importance of the protection laws and policies.

The newly appointed Chairman of the Board of Directors of Kenya Copyright Board, Mr. Joshua Kutuny said the program aims to equip them with skills for the creation of quality content, protection, and monetization to improve their livelihoods, as well as build careers of artists, content creators and songwriters among others.

Kutuny said the board will work with relevant stakeholders to adopt new technologies to enhance the mechanisms for the collection and distribution of royalties and monitoring the use of music and other content, in a bid to encourage transparency and enhancement of revenue collection.

The Chairman was speaking at the KECOBO offices where he chaired his first meeting after taking over the mantle of the office following his appointment to the position by President William Ruto.

Kutuny who thanked the President for the appointment announced that the board will ensure ratification of desired copyright treaties that are beneficial to Kenyan creatives and the economy.

“The board and the Ministry will expedite the process of enactment of the Proposed Copyright Amendment Bill 2023 to ensure there is adequate legislative support for the industry,” he said.

During the meeting, the board was informed of the recent high court decision on constitutional petition No. E151 of 2023 in which the court nullified the CMO licenses earlier issued by the management.

The chairman said to ensure the operationalization of CMOs and smooth collection and distribution of royalties, the Board using the Copyright Act issued provisional licenses to three CMOs, Kenya Association of Music Producers, Performers Rights Society of Kenya, and Music Copyright Society of Kenya effective 8th November 2023 for a period of six months.

“Within this period all CMOs are expected to comply with provisions of the memorandum of understanding they signed with the government and comply with provisions of the CMO regulations 2020,” stated Kutuny.

He mentioned that the Board of Directors is aware of some of the challenges KECOBO will encounter and assured that they will address the issues collectively, internally, and with engagement with the relevant stakeholders.

“This will ensure that there is transparency and accountability in money collected and distributed to the artist,” added Kutuny.

On good governance, the board resolved to strengthen mechanisms for both KECOBO and CMOs to ensure there is prudent utilization of resources and eradication of corruption and mismanagement.

During the meeting, the Board of Directors was taken through the status report of KECOBO by the Executive Director, where he tabulated the journey the institution has been through and the current operational and financial milestones and challenges experienced by the institution.

Some of the milestones achieved by  KECOBO include the launch of the National Rights Registry (nrr.copyright.go.ke), the online copyright registration system that enables rights holders to register and obtain certificates of registration virtually which has improved copyright registration from about 3,000 to above 50,000.

Other achievements include the implementation of the Blank Tape Levy from September 2023, which is expected to revolutionize the collection and distribution of royalties to artists in the creative industry, and the publication of Music Tariffs in June this year to guide and enhance the collection of royalties for users of musical works.

On partnerships, KECOBO has been leveraging on building strong partnerships with global and local like-minded partners to achieve its mandate

The partnership and collaboration of KECOBO and GlZ that resulted in the release of 13 short educational videos on copyright and related rights under the KECOBO-GlZ project and exchange forums enhanced the dissemination of intellectual property information to artists.

The board has also managed to conduct a forensic audit on the Kenya Association of Music Producers and Performers Rights Society of Kenya.

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