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Kenya’s Music Collective Management Societies Under Fire for Alleged Royalty Underpayment

A significant disparity was noted in the amounts declared by MCSK compared to those declared by KAMP and PRISK.

NAIROBI, Kenya Feb 21 – Licensed Music Collective Management Societies (CMOs) in Kenya have come under fire for alleged underperformance in terms of royalties paid to artists.

In a statement by the Kenya Copyright Board (KECOBO), the Music Copyright Society of Kenya (MCSK), Kenya Association of Music Producers (KAMP), and Performers Rights Society of Kenya (PRISK) acknowledged shortcomings in their operations.

According to information received by the board, a total of Sh249,687,212.80 was collected jointly from January to December 2023.

However, a significant disparity was noted in the amounts declared by MCSK compared to those declared by KAMP and PRISK.

“While KAMP and PRISK declared a collection of 249 million, they accounted for 61 million and Sh52.7 million, respectively. On the other hand, MCSK declared receipts of 109 million, representing a shortfall of 26 million,” KECOBO stated.

MCSK reported total revenues of Sh139,295,094, comprising Public Performance of 109 million and Mechanical income of 30 million.

Furthermore, KECOBO raised concerns that royalties were only paid out from the first quarter of 2023 collections, with no distributions made from collections in subsequent quarters despite an improved business environment.

“As per the Copyright (CMO) Regulations, the CMOs ought to have distributed at least Sh173 million or 70% of that collection. However, this was not the case,” noted KECOBO.

Based on an analysis of the amounts that would accrue to MCSK members if the revenue was paid according to the Copyright Regulations, each artist could earn at least six times the amount paid during the year in royalties.

The Board further said that artists from regions such as the coast, Nyanza, and Central were either underrepresented or left out completely.

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