Nov 28, 2021

Mawazo Writing Africa

Writing about the main

Artistes to earn 52% from Skiza tunes in bill by Raila ally

Performance artists and creatives would earn 52 percent of revenue from ringback songs – also known as Skiza songs – if MPs passed a law that changes the formula for revenue sharing.

The Copyright Act (Amendment) 2021, sponsored by Gladys Wanga, a representative of Homa Bay Woman, stipulates that premium service providers receive a share of seven percent of the net revenue from the sale of callback tunes. Telecommunications operators would be entitled to 16 percent of net revenues.

“The aim of the bill is to provide a fair formula for the distribution of the revenue from callback tunes between the artists / copyright holders and the telecommunications companies,” Wanga said in the memo on the bill .

According to the current formula for dividing the Skiza proceeds, artists receive 16 percent, 25 percent go to taxes, while Safaricom keeps 51 percent. This revenue sharing has been a bone of contention among players in the sector.

The bill also provides that Internet service providers may not arbitrarily remove content that is alleged to be copyright infringing.

Section 35B of the law states that a person whose rights have been infringed by content accessed through an Internet service provider can request the removal of the content.

“The bill proposes to repeal the provisions on removal notices and requirements , the role of ISPs and how to apply for an injunction. It aims to remove the confusion about the ISP’s role. ”

The law provides that ISPs can disable access to the content within 48 business hours unless they receive a reply stating the Removal is contested, it is argued that it has harmed many budding musicians.

Wanga has also proposed removing the provision that ISPs can provide law enforcement agencies with information about the identity of subscribers alleged to be involved in content violations.

Also to be removed is the legal provision according to which a person can apply to the High Court for interim injunctions if they have reasonable grounds to believe that their content has been or could be violated.

< p> The bill is part of the promise made by ODM boss Raila Odinga to artists who urge him to take action against unfair practices by telecommunications providers and premium service providers.

Telkos are accused of taking the lion’s share of the proceeds are the artists who sweat in the production of dios and entertainment platforms.

During the debate on the Finance Act 2021, as MPs by paying 25% of the artists Excise tax exempt, Wanga said it was unfortunate that creatives deserve peanuts.

“Our artists sweat to record and play their music and they are never rewarded. The reward is small compared to the investment they make, “she said.

At the time, the MP pledged to change the copyright law so that artists can take home the lion’s share of the revenue from recall tunes , hence the bill.

The proposed bill aims to establish a National Rights Registry as an office housed within the Copyright Committee and run by the committee’s staff.

Its Functions would be to perform digital registration of rights holders, copyrighted works, authentication and authorization of works, media surveillance of registered works, and tracking, monitoring and dissemination of data related to access to registered copyrighted works.

“The board of directors should ensure that there is an online portal for the registration of works protected by copyright that is known as the National Rights Registry, “states the bill.

The bill assumes that an author of copyrighted works or the copyright holder register his or her work in the register can, and u after paying the prescribed fees, he can access the copyrighted works.

The Wanga bill further states that the cabinet secretary charges for access to the national rights register, the format of the registration of copyright protected works and the nature of eligible works.

The administration of President Uhuru Kenyatta instituted a centralized system for collecting artist fees after fears that creative people were falling short.

(Edited by V. Graham)