MCSK To Be Sued For Missing Millions In Artist’s Royalties

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 government intends to use eCitizen to pay artist royalties

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.

List of MCSK’s top earners of royalties through 2024

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.

MCSK distributes Sh15 million in royalties, but some artists are disappointed.

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.

Khaligraph Jones claps back after MCSK audit report revealed theft of musician’s royalties

Kenyan musicians have been rioting over the extremely poor leadership of copyright board, MCSK among other key organizations involved, who have for years paid up royalties in form of peanuts.

The wide view among artistes was that the industry was not conducive enough for the growth of their exceptional talents which have since been taken for granted. Some wishing they had started their careers overseas which would have now multiplied the kind of reception they are receiving in their own country.

Kenyan female rapper, Femi One

Weeks after their ugly rants went viral, a drastic audit was made among those corporates involved in collecting royalties for artists, with reports finally out clearly indicating that musicians’ royalties had been swindled.

Also read: “Pack your bags and leave!” Femi One urges Kenyan artists

MCSK, PRiSK and Kamp were among bodies majorly touched on by the forensic audit from 2017 to 2019 that unearthed deep-rooted inefficiencies in the systems. Findings that were presented to KeCoBo chairman Mutuma Mathiu on Tuesday in form of a draft report.

“The non-compliance exposes the three societies to serious risks of misappropriation of funds, civil and criminal liability and loss of income from penalties and sanctions,” read the statement in part.

A report that popular rapper, Khaligraph Jones has now given his two cents on, clarifying that an audit was not worth the sweat at the very least.

Also read: Artistes should not fear to ask questions about their money – Khaligraph speaks in regard to MCSK ‘peanut’ payments

Because it was not news that some form of corruption scandals had been going on for the longest time possible and the entertainers continue to suffer even with all the numerous press briefings being given currently.

The Audit was Unnecessary, We have been Saying this from The beginning, The Kenyan Entertainment industry keeps on Suffering, DJs ,Artists, Event Organizers, Bouncers, Dancers Waiters, Club Owners, Restaurants etc,

Influential Kenyan rapper, Khaligraph Jones

Feedback

His sentiments attracted mixed reactions from fans, some against, others for it.

kajijoh Khaii ????????????too bad

 

___.lyrical.__.lenix.__ Mimi kutoka #2015 sijawahi pata hata bob????????. Huwa nasikia tu wasanii walilipwa yet nili_register na nikapeana hadi registration fee.. Lakini Mungu si Yuko ????

 

its__kohe__ Sawa papa jones the real OG????????????????

 

officialsajim corona is inevitable so they have to allow you guys to continue with daily activities as tulivo zoea jaman daaah,????????ni bata mwanzo mwishoooo????

MCSK should be transparent with artists

I have been following the drama that has pitted the Music Copyright Society of Kenya (MCSK) against local artists over the last two weeks and I realized a couple of things that I thought I should share with you.

First, it’s pretty obvious that MCSK failed at dissemination of information. You see, most artists received Ksh. 2530 from the body and they didn’t really know what the money was for and this led them to conclude that it was payment for their songs.

Khaligraph Jones
Khaligraph Jones

However, if MCSK had made them understand that the money was distributed evenly to the 14,000 members of the body as a flat payment i.e. by virtue of belonging to the organisation, I don’t think any of them would have come out to protest.

When the storm started brewing, MCSK explained that the money that most artists had received was for being a member of the organisation. They also told artists that they would get their royalties in October. However, it was too little too late.

Secondly, MCSK needs to be transparent with artists because this tiff about royalties has existed since the early 2000s when the body was formulated. I can still remember the day Poxy Presha staged a protest while demanding his dues.

Artists should get a breakdown of their royalties to see how the final amount that they are getting was arrived at. Otherwise, we’ll continue seeing situations where they wait for artists to raise a red flag and then they are given more money.

Timmy Tdat

Lastly, MCSK should create a portal where artists can log in and update their new songs. As things are now, an artist has to go to their offices, presumably with a CD, to let the body know that they has a new song. Why is this still happening in 2019?

“Tutakuja Kuwavuruga huko mbaya sana!” Khaligraph Jones among other artistes lash out at MCSK for paying them peanuts

After Khaligraph Jones decided to tell off MCSK for sending him Ksh 2,530 as payment for his music; it now seems that other artistes have also come out to protest against them!

https://www.instagram.com/p/B1HW2WYhjTO/?igshid=yo28n7dryi6l

This is because it appears that the Music Copyright Society of Kenya Ltd has been ripping them off and benefiting from the artistes hard work; yet they don’t bother to reward the musicians what they truly deserve.

Petty Royalties

According to King Kaka, MCSK might have received about Ksh 37Million that is if you multiply the Ksh 2500 by the number of artistes (15000) registered under MCSK.

https://www.instagram.com/p/B1HsXgoDqbm/?igshid=1rhtdxb83rnp8

He went on to add that all they do is buy new cars and feed themselves with other people’s money….but this is about to come to an end.

Fena Gitu also couldn’t hold back from calling out the MCSK for paying her peanuts as royalties to her music she posted saying;

https://www.instagram.com/p/B1HR6oAhEXE/?igshid=1puppeegdrdq6