Commentary on deregistration of MCSK

The decision by the Kenya Copyright Board to deregister the Music Copyright Society of Kenya (MCSK) could not have come at a worse time.

The need for an organization that collects royalties from users of audiovisual works on behalf of providers cannot be overstated. The collector bridges the gap between content users and content providers, providing a marketplace where users of audiovisual works can legally acquire license to exploit the works and the providers with a gateway to sell their works.

The creation of a society that provides the ‘small musician’ with an avenue to sell his music opens a world of opportunities for every player in the music industry. It creates frontiers that put music in computers, phones, iPods, websites and homes. This means that the musicians get paid, the government earns taxes and jobs are created.

The collection of royalties is, however, no easy feat. It requires an organization with a framework that provides the accounting infrastructure that not only decides the various licenses but also creates the staffed physical locations where the amounts are supposed to be paid and necessary accounting performed.

 The collecting organization also needs to bring on board as many users as possible within the payment regime. These paying users include radio stations, digital content providers, catering establishments and commercial motor vehicles among others. The story of the political campaign that has been put in place to mobilize these paying users is long but has been showing good results; and that is the most important thing.

 The MCSK was set up as an independent organization to fulfill these needs and has within its ranks representatives from most stakeholders in the music industry.

Deregistering the MCSK put ats risk the digital music sector and by extension the entire entertainment industry. Contracts that have been negotiated and licenses that have been paid for are now at disarray, not to mention the many millions that have been paid by restaurant operators, PSV owners etc. Millions of shillings that have been put up by vendors (such as ourselves) in creating infrastructure that sells music and provides an accessible reporting systems is also at risk of going to waste.

This sends a wrong message to music users who have been courted and recruited by MCSK.  Should they ask for their money back? Should MCSK ask for the money back from the musicians? The actions of the Kenya Copyright Board take us back to when the only Kenyan music available online was pirated.

MCSK may be no angel, but it has made giant steps in creating the framework for collection of royalties that has brought in solid results in form of cold cash.

While some musicians have been complaining of not getting paid for their music, it makes sense that it will take an organization with employees, offices, cars to collect royalties.  All these things cost money. It may be wiser to look for ways to collect more money, ways reduce costs or alternatively have the government subsidize MCSK.

Either way, it will be better to fix an organization that is already in place, and making money than to re-learn all the lessons of the last five years.

Perhaps the Kenya Copyright Board needs to consider using another of the many tools in its shed in dealing with the Music Copyright Society of Kenya