Collective management of copyright and related rights in Kenya: towards an effective legal framework for regulation of collecting societies
Abstract
Collective Management Organisations (CMOs) are intended to be the bridge between rights
holders and the individuals, businesses and organizations that want to exploit any exclusive
rights in any copyright works publicly. In order to ensure that CMOs live up to their mandate,
laws and regulations empower the State to license and supervise the activities of CMOs.
Since the establishment of Music Copyright Society of Kenya in 1983 to present day, rights
holders and users alike have publicly voiced numerous concerns about corruption,
mismanagement, aggressive licensing tactics, and lack of transparency on the part of CMOs.
Arising from the concerns and allegations levelled against CMOs, this Research Project ventures
into the often misunderstood world of collective copyright administration in Kenya.
This Project investigates whether or not the current legal and institutional framework for
collective administration of copyright and related rights in Kenya provides adequate mechanisms
and safeguards for regulation of CMOs. In so doing, the findings of this Project reveal that there
is need to strengthen this framework so as to ensure that the interests of rights holders and users
of copyright works are maximised through CMOs.
Publisher
University of Nairobi