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 the first CMO, 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 research 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.

Keywords: Collective Management Organisations, Collecting Societies, Administration, Copyright, Related Rights, Regulation, Legal Framework, Institutional Framework, Kenya, South Africa, Nigeria, Governance, Law, Supervision, Corruption, Mismanagement, Transparency, Accountability, Litigation, Government