Tag: MCSK news

Musicians across Kenya are set to benefit from a new government directive that significantly increases the fees politicians must pay to use music during campaign activities.

The Ministry of Youth Affairs, Creative Economy and Sports has introduced revised tariffs aimed at ensuring artists receive fair compensation as the country gears up for the 2027 election cycle.

The changes are outlined in the Consolidated Music and Audiovisual Works Tariff, which requires political parties and individual candidates to pay for the use of copyrighted music in promoting their agendas.

New pricing structure for campaigns
Under the new guidelines, political parties will pay the highest flat rate. Any party intending to use music for rallies, launches, and general campaign activities will now be required to pay KSh 600,000 annually.

Individual candidates will be charged based on the positions they are contesting:

• Presidential candidates: KSh 500,000
• Governors: KSh 200,000
• Senators: KSh 150,000
• Members of the National Assembly (including Woman Representatives): KSh 100,000
• Members of County Assembly (MCAs): KSh 15,000

The move is expected to provide much-needed income for artists, whose work is often widely used during campaign periods without proper compensation.

Strengthening the creative economy
The directive was gazetted by Salim Vurya as part of broader efforts to formalise and protect Kenya’s creative sector.

For years, artists have raised concerns about the unauthorised use of their music during elections, with little or no financial return. The new tariffs are intended to establish a clear legal framework that ensures creators are paid whenever their work is used in political campaigns.

Many musicians have welcomed the move, noting that campaign seasons often demand high levels of performance and exposure without corresponding financial benefits. With the new structure in place, artists stand to gain when their songs become campaign anthems.

Looking ahead to 2027
As political activity begins to build ahead of the 2027 Kenyan General Election, the directive is expected to professionalise how music is used in the public space.

For many artists, music remains their primary source of income, and the rising cost of living has made sustainability a challenge. The revised tariffs offer a potential financial boost, giving creatives hope for greater stability both during and beyond the election period.

The Music Copyright Society of Kenya (MCSK) and the Kenya Copyright Board (KECOBO) are embroiled in a dispute regarding the distribution of royalties collected in 2023. This follows accusations of potential financial mismanagement by MCSK.

On February 21st, KECOBO chairman Joshua Kutuny publicly alleged that MCSK failed to account for Ksh56 million collected from artists’ royalties last year. He claimed this discrepancy arose during a meeting where MCSK, along with other music organizations, presented their financial records.

MCSK Denies Allegations

MCSK CEO Ezekiel Mutua vehemently denied these accusations, calling them “wild allegations” intended to mislead musicians. He announced legal action against KECOBO for spreading misinformation.

According to KECOBO, their investigation revealed a total collection of Ksh249 million from January to December 2023. However, they claim MCSK reported only Ksh209 million, raising questions about the remaining Ksh40 million. This includes Ksh26 million from joint collections and Ksh30 million from other sources like international CMOs and Google Ireland.

The legal action threatened by MCSK and the ongoing investigation by KECOBO indicate a potential escalation of this dispute. Transparency regarding the collection and distribution of royalties remains a critical concern for Kenyan musicians.

The Public Service Cabinet Secretary Moses Kuria has announced ambitious plans to modernize the payment of artists’ royalties using the government’s eCitizen platform.

In a statement issued on February 11, the CS revealed that efforts are underway to amend the Copyright Act, which will facilitate the establishment of a government-operated Collective Management Organisation.

Once implemented, artists will be able to conveniently monitor their royalty earnings through the centralized eCitizen platform.

“All music copyrights and royalties will be processed via eCitizen. Artists will have individual registrations, enabling them to track their earnings online. The era of artist exploitation is coming to an end,” he stated on his X platform.

Currently, copyright royalties are managed and distributed by organizations such as the Music Copyright Society of Kenya (MCSK), Kenya Association of Music Producers (KAMP), and the Performers Rights Society of Kenya (PRISK).

However, artists affiliated with these associations have frequently complained about insufficient compensation and irregular payment of royalties.

Perhaps a positive shift is underway, signifying progress or merely the appearance of one. However, skepticism still lingers among many artists regarding the distribution of royalties.

For decades, Kenyan artists have bemoaned the meager royalties allocated to them in each distribution cycle by the three Collective Management Organizations (CMO): Music Copyright of Kenya (MCSK), Kenya Association of Music Producers (KAMP), and Performers Right Society of Kenya (PRISK).

When Dr. Ezekiel Mutua assumed the position of CEO at MCSK in March 2022, he promised Kenyan musicians that he would make them ‘billionaires.’ However, his appointment generated mixed reactions due to his controversial past as the CEO of the Kenya Films Classification Board (KFCB), marked by online disputes with artists.

“At KFCB, I was a regulator, so I was not there to make friends. But in my new role, I am here to fight for artists. My promise to all musicians is ‘pesa mfukoni’ (money in your pocket). I am here to make our artists billionaires. I will fight for artists the same way I fought for journalists while at the Kenya Union of Journalists,” he declared a week into his new role.

Since taking office, Dr. Mutua has engaged in extensive rhetoric and self-promotion, a characteristic he seems to favor. Nonetheless, his tenure has shown early signs of changes in royalty distributions.

In May 2023, his first distribution as the new MCSK boss was Sh15 million, with the highest earner receiving Sh330,000 and the lowest receiving Sh258. While this represented an improvement from previous years, many artists expressed discontent.

Vocalist Bien Aime Baraza argued that MCSK could still do better despite receiving Sh14,634, an improvement from the Sh2,500 he had received in 2022. In response, Mutua defended MCSK, stating that the distribution was better given the license issues they faced with the regulator, the Kenya Copyright Board of Kenya (KECOBO).

On January 25, MCSK made its first royalties payout of the quarter, totaling Sh20 million at Safari Park Hotel, Nairobi. The earnings were higher than the previous distribution, with the lowest recipient getting Sh5,000 and the highest receiving close to Sh800,000, according to Mutua.

While the list might not be exhaustive, here are some of the highest earners from the recent disbursement, as disclosed at Safari Park:

1. Rehema Lugose – Sh757,092
2. Rueben Kigame – Sh122,410
3. Otile Brown – Sh120,000
4. Praise Makena – Sh110,000
5. Marakwet Daughter – Sh108,123
6. Stephen Kasolo – Sh106,862
7. Joseph Shisia Wasira – Sh101,137
8. Joseph Ngala – Sh101,032
9. Jackson Wambua – Sh91,524
10. Solomon Mkubwa – Sh74,138
11. De Mathew – Sh70,094.

Other artists receiving over Sh100,000 but choosing not to disclose their payments publicly included Bien Aime Baraza, Nyashinski, Jua Cali, Florence Mureithi, Octopizzo, Samido, Steve K, and gospel singers Deno, Mary Wanjiru (Shiro Wa JP), Ruth Wamuyu, Anastacia Mukabwa, and Sharry Martin.

The Music Copyright Society of Kenya (MCSK) recently distributed Sh15 million in royalties to its over 16,000 members. However, the distribution drew mixed reactions from artists, with some expressing disappointment over what they perceive as meager payouts.

Criticism has centered on the sporadic nature of these distributions, which often fall short of artists’ expectations. In April of this year, renowned Sauti Sol vocalist Bien Aime Baraza used sarcasm to highlight the issue, sharing that he had received Sh14,634, a marked improvement from the Sh2,500 he had received in a previous distribution.

MCSK CEO Ezekiel Mutua defended the recent distribution, describing it as a significant step forward. He acknowledged that the disparity in payouts largely depended on the extent of airplay an artist received.

“Our hope is now, once we streamline things, musicians will make money. We had a choice to make when we got Sh15 million whether to distribute or not. We knew some would be happy while others would not because it depends on the airplay,” Mr Mutua explained.

Notably, during the recent distribution, MCSK faced challenges related to its licensing status. The organization was embroiled in a dispute with the regulator, Kenya Copyright Board (KECOBO), which had refused to renew its license. Mutua indicated that this issue had contributed to MCSK’s inability to collect a significant amount in royalties.

Regarding the distribution figures, Mutua revealed that the highest earner received Sh330,000, while the lowest earner received Sh637. However, there have been questions raised about the accuracy of these figures. Comedian and musician Oga Obinna shared a screenshot suggesting that he had received Sh258.

The MCSK distribution has once again highlighted the challenges facing musicians in Kenya. While the organization has taken steps to improve the situation, it is clear that more needs to be done to ensure that artists are fairly compensated for their work.