East Africa’s creative sector was described as being under pressure from piracy, weak enforcement and disputes over how royalties are collected and paid out.
Industry officials from Uganda, Kenya and Tanzania said artistes continue to lose income because of copyright infringement, broadcasters that fail to pay royalties, and collective management organisations that have been accused of poor governance and corruption.
Jane Okot p’Bitek Langoya, the deputy registrar general (registries) at Uganda Registration Services Bureau, said complaints from creators show that some collective management organisations in Uganda collect money but do not pass it on to the rightful owners. She said regulators must support the bodies while also ensuring that content creators are paid.
Edward Kipsigei, the executive director of the Kenya Copyright Board, said private CMOs in Kenya have faced corruption complaints and that copyright owners often seek help from the regulator. He said the board uses forensic audits and inspections to curb misconduct because private bodies do not report to the public in the same way state agencies do.
Mr Kipsigei added that the board’s balance sheet is publicly available online and said the regulator’s goal is to restore order and ensure creators receive their money.
The Kenya Copyright Board banned the Music Copyright Society of Kenya (MCSK) from collecting music royalties in May 2018 after musicians protested over alleged embezzlement of their royalties. Samuel Onyango, operations manager at the Music Publishers Association of Kenya, said the sector had long lacked laws strong enough to control collecting bodies. He said MCSK had existed for close to 34 years, but the industry’s complaints were driven by corruption and weak structures for paying artistes.
Mr Onyango said the proposed amendment of the Kenya Copyright Act would give the Kenya Copyright Board power to act against any CMO that fails to meet the 70-30 per cent threshold. He said the changes would help address corruption and over-expenditure so artistes can benefit from their work.
James Wasula, the chief executive officer of Uganda Performing Right Society, rejected claims that the organisation does not pay royalties. He said the society has proof of royalty payments for at least five years, is audited every year by certified external auditors, submits reports annually to Uganda Registration Services Bureau and CISAC, and publishes audited accounts on its website.
Mr Wasula also said the society holds annual general meetings, has renewed its leadership through elections, and has trained staff. He said the organisation has contributed over Ush200 million ($52,663) in taxes in the past two years.
Doreen Sinare, the chief executive officer and copyright administrator at the Copyright Society of Tanzania, said the Copyright and Neighbouring Rights Act of 1999 is under review. She said there are mixed views on whether copyright and collection management functions should be separated.
Ms Sinare added that the Tanzanian society has only 14 staff members collecting royalties and operates only from Dar es Salaam, leaving it in need of more staff and offices outside Dar.
On Uganda’s copyright environment, Mr Wasula said respect for intellectual property remains very low, with infringing material openly sold and some broadcasters still failing to comply despite complaints to regulators.
He said piracy and non-compliance have reduced royalty income and cut revenues from direct sales of CDs and DVDs. Mr Onyango said weak laws have played a major role in the problem and argued that once the Kenyan Copyright Act is revised and enacted, the Kenya Copyright Board will have stronger powers to deal with piracy.
