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Further, Nigeria's legal framework for collective management is enunciated from a pre-independence and post-independence perspective. In the course of this regulatory challenges encountered in the administration of collective management organizations, steps so far taken to address the problems, legislative reforms and judicial decisions are discussed.

A path to the new regime is chartered. The South African Copyright collective management system is explored and a comparison between the Nigerian and South African system is made. Thereby the need for supervisory and regulatory agencies of government is shown to seek the national interest regarding the collective administration of copyright and related rights.

Then, suggestions for improvement and lessons for Africa are provided. Here at Walmart. Your email address will never be sold or distributed to a third party for any reason.


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Buy eBook. Buy Softcover. FAQ Policy. About this book This work explores the operation and regulation of copyright collective management in Nigeria. Esteemed readers, the floor is now yours. This paged report on collecting societies in South Africa made a number of key recommendations. As Motsatse explains in the video below, SAMRO currently operates as a company limited by guarantee so does MCSK in Kenya but it is now faced with a choice to either become a non-profit organisation, a for-profit organisation or another legal entity.

The full video is available below:.

The total collections for music royalties performance, needletime and mechanical rights for amounted to approximately R,9 million. Over and above the royalty collections, SAMRO has investments in excess of R million in different classes of assets. Over the last three years, these investments generated income of between R41 million and R66 million per annum. In Kenya, mechanical rights licensing in the digital domain is largely dealt with by MCSK, as the collecting society for authors, composers and publishers of musical works.

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However the sticking appears to be the split or rather lack thereof before the artist and the producer in respect of royalties from mechanical rights licenses. As one ponders on this issue, one possible solution that arises is the creation of a mechanical rights society of Kenya to properly and equitably administer licensing and royalties particularly in digital downloads. IPKenya wonders whether Safaricom is tacitly acknowledging that it may not have acquired mechanical rights from JB Maina despite the alleged existence of a valid and enforceable content provision agreement as well as a deed of assignment.

In South Africa, royalties payable in respect of mechanical rights are currently collected by SAMRO and NORM, an incorporated association collecting mechanical royalties on behalf of about South African music publishers and composers. The recent CRC report recommended that the legislation be amended to allow for only one collecting society per set of rights with regard to all music rights governed by the Copyright Act.

IPKenya submits that this recommendation could easily be applicable to Kenya as explained above. The costs-to-royalty income ratio i. To put it bluntly, MCSK was accused of spending more on its own expenses while distributing less as royalties to its members. Copyright Act or Copyright Regulations.

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MCSK adds that the is inconsistent with some but not all of its distribution classes. This is confirmed by the fact that when compared with other collecting societies, SAMRO has the lowest average ratio of revenue collected to labour costs. The court held that Verizon a mobile service provider did not need a public performance licence for musical compositions because it provides ringtones to its customers. This view is supported by a number of persuasive judicial precedents from the United Kingdom. IPKenya has come to realise that the copyright industry is as fiercely competitive and territorial as any other capitalist industry.

Although collective management organisations like MCSK and SAMRO were once intended to exist solely to assist copyright holders in the collective administration of their rights under copyright and related related rights, these bodies have evolved into corporate entities aggressively pursuing profit-making objectives ostensibly for the benefit of their members. SAMRO also has investments in shares, unit trusts and properties, which generate significant amount of income that ought to be, in turn, distributed to its members.

Meanwhile the younger MCSK has been expanding its revenue base by setting up regional offices all over the country and employing their infamous agents to collect license fees from all and sundry dealing with copyright works. At one point, MCSK was rumoured to be eyeing property in the Kileleshwa area for purposes of permanently setting up its headquarters.

While there is merit in actively pursuing profit-making, MCSK and indeed SAMRO have a primary responsibility to their members and therefore discontentment about royalty payments and other issues relating to good governance definitely strike a bad note. However, it hasnt been all sour tunes for MCSK. Recently, it has received favourable press for its introduction of scientific distribution of royalties and license fees using the WIPOCOS software as well as its hour monitoring software for broadcasts in partnership with local IT firm Digital Linkage Technologies.

IPKenya is counting on the newly constituted Competent Authority aka Copyright Tribunal to conclusively address these emerging issues in the administration of copyright and related rights in Kenya.

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Almost all the presenters are LL. M holders in Intellectual Property and have extensive experience in their respective areas of work in the copyright and industrial property branches of IP. David is a man who needs no introduction. With such an illustrious panel of speakers, no topic in intellectual property is off limits. Topics of particular interest include: progress on the Traditional Knowledge Bill, the Geographical Indications Bill, need for a National Policy on IP, progress on the establishment of the Copyright Tribunal, the debate over software patents in Kenya, the fight against copyright piracy, the wrangles surrounding regulation of collective management organisations in Kenya, strategic plan to operationalise Articles of the Constitution dealing with IP, among many others.


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Be sure to register for the event here. Political parties in Kenya would be advised to take some lessons from recent happenings in Ghana and South Africa , relating to intellectual property IP.