Rethinking the Regulation of Collective Management Organisations in Africa: Legislative Lessons from Kenya, South Africa and Nigeria

African Journal of Intellectual Property, Vol. 1, No. 1, pp. 1-14, 2016

18 Pages Posted: 11 Mar 2017

See all articles by Victor Nzomo

Victor Nzomo

University of Cape Town (UCT), Faculty of Law

Date Written: November 1, 2016

Abstract

From a utilitarian perspective, laws on collective administration of copyright and related rights are necessary to bridge the gap between rights holders and users in order to achieve welfare maximisation. The deregistration of the Music Copyright Society of Kenya (MCSK) in Kenya, the collapse of the South African Recording Rights Association Limited in South Africa and the ongoing battles involving the Music Copyright Society of Nigeria (MCSN) and the Nigerian Copyright Commission (NCC) in Nigeria are just a few recent examples that highlight the need to rethink the legal framework for regulation of collective management organisations (CMOs) in Africa.

In this regard, this article begins with an examination of the legislative frameworks for regulation of CMOs in Kenya, South Africa and Nigeria by considering whether CMOs, once accredited, are adequately supervised by the State to ensure that the former operate effectively for the benefit of both rights holders and users. After examining the state of the respective country laws, this article reviews the current copyright reform initiatives in each of the countries and whether the tabled legislative proposals would be able to address the persisting regulatory challenges in the collective administration of copyright and related rights. This article concludes with several recommendations on reviewing the respective legislative frameworks for regulation of CMOs, the most important being the urgent need for empirical research on the impact of various legislative provisions on the collective management systems of Kenya, South Africa and Nigeria.

Keywords: Copyright, collective management, regulation, legislation, Africa, Kenya, Nigeria, South Africa, Reform, law, institution, state

Suggested Citation

Nzomo, Victor, Rethinking the Regulation of Collective Management Organisations in Africa: Legislative Lessons from Kenya, South Africa and Nigeria (November 1, 2016). African Journal of Intellectual Property, Vol. 1, No. 1, pp. 1-14, 2016 . Available at SSRN: https://ssrn.com/abstract=2929223

Victor Nzomo (Contact Author)

University of Cape Town (UCT), Faculty of Law ( email )

Rondebosch 7701
South Africa

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