14
Copyright News
Can music royalties be
collected by subscription?
By Edward Sigei
C
opyright at its core is a business
framework. As a creation of the com-
mercial framework, collective man-
agement was established for easy mone-
tisation of narrow category rights placed
under single corporate structure controlled
by authors and owners. This is akin to farm-
ers submitting produce to the cooperative for
marketing.
The use of music to enhance business is
one of the sources of royalty to musicians. The
use of music requires payment as it supports
the core business being undertaken in that
public space.
However, there is no system that has been
found yet in Kenya that is exible and simple
to execute. One suggestion is remodelling the
collection into a subscription system similar
to the Safaricom Skiza. That model attributes
monetary value to each song and payment is
made for the number of uses.
If the model is applied to a broadcasting sta-
tion, every song played attracts a payment of a
fee. The more the songs is used, the bigger the
payment to the owner. Revenues received here
could be paid as per the log sheets.
In the case of Hotels, Bars and Public vehi-
cles, the number of hours each user consumes
the music could be converted to give the num-
ber of tracks played and the fee can be paid for
each track. However, unlike the broadcaster,
the relative monetary value of a song for mata-
tus and hotels would be lower while that of bars
can be slightly higher.
For example, if the notional value of broad-
casted music is Sh5 per song; the bar could at-
tract a fee of Sh3 per song while the matatu and
hotels could pay Sh1.50 per song.
Alternatively, the CMOs can create their
audio channel that users can subscribe to get
content. The system will automatically create a
log to enable distribution to respective owners
of music used.
A similar audio-visual channel could be the
answer for those who wish to get that type of
content. The subscription could be on a need
basis, thereby resolving one of the biggest is-
sues between owners and users of music; the
cost of idle space and equipment currently paid
for by bars, hotels and restaurants.
The benets of the scheme are the payment
of music used per day, week, monthly or as reg-
ularly as the user wishes (exibility). The pay-
ment for use especially monthly could enable
CMOs to pay royalties to artists monthly and
issue statements (regularity and accountabil-
ity). Another benet is the reduction of visits
to business premises to measure and evaluate
for invoicing.
What is your view about this model? Share
with us on info@copyright.go.ke
BY. Lucian Mue
E
very year on April 26,
we celebrate World
Intellectual Property
Day to learn about the role that
Intellectual Property IP) rights
play in encouraging innovation
and creativity. This years World
Intellectual Property Day cam-
paign – Reach for Gold – focus
was in the world of sports.
The aim was to explore how
innovation, creativity and the IP
rights support the development of
sports and its enjoyment around
the world.
World Intellectual Property
Day is a great opportunity to get
people interested in issues relat-
ing to intellectual property (IP).
While WIPO promotes a gen-
eral themea each year, it is up to
organisations to decide how best
to use the event to meet their own
public awareness raising goals.
Unlike previous years where
the Board has earmarked WIP
Day by conducting trainings,
organising exhibitions, hosting
stakeholder forums, this year the
Board published a special Edi-
tion of the Copyright News under
the title “Intellectual Property
and Sports” and distributed it to
sportsmen.
The focus of the magazine
was on intellectual property and
sports in Kenya, how sportsmen
earn from intellectual property,
drafting of good contracts for
sportsmen, managing image
rights and the lucrative game of
image rights in sports.
(The Special Edition, avail-
able onhttp://www.copyright.
go.ke/media- gallery/newsletters.
html)
More than 600 copies of this
edition were printed and distribut-
ed to Athletics Kenya, Olympics
Kenya, Motorsports Kenya, Fed-
erations of Kenya, Rugby Union
and Impala club.
KECOBO Honours Sportsmen During
World Intellectual Property Day
Earning from
IP in Sports
PAGE 11
Sports
Contracts
PAGE 6
IN THIS ISSUE
CopyrightNews
IP and Sports
in Kenya
PAGE 3
@KenyaCopyright Kenya Copyright Board Kenya Copyright Board Kenya Copyright Board
KECOBO HOTLINE: +254 703 885 033
GET US ON:
SPECIAL EDITION
A Publication of the Kenya Copyright Board
ISSUE 33
Intellectual Property
and
Sports