Collective Management of Copyright and Related Rights in Kenya: Towards an Effective Legal Framework for Regulation of Collecting Societies

University of Nairobi School of Law Theses and Dissertations

86 Pages Posted: 26 Mar 2017

See all articles by Victor Nzomo

Victor Nzomo

University of Cape Town (UCT), Faculty of Law

Date Written: November 1, 2014

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

Suggested Citation

Nzomo, Victor, Collective Management of Copyright and Related Rights in Kenya: Towards an Effective Legal Framework for Regulation of Collecting Societies (November 1, 2014). University of Nairobi School of Law Theses and Dissertations. Available at SSRN: https://ssrn.com/abstract=2929231

Victor Nzomo (Contact Author)

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

Rondebosch 7701
South Africa

Register to save articles to
your library

Register

Paper statistics

Downloads
94
Abstract Views
486
rank
278,110
PlumX Metrics