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
Date Written: November 1, 2016
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
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