I was reading an article in the newspaper this week that said MSCK’s revenue collection bank account and pay bill had been frozen due to an ongoing legal matter that is in court.
The truth is that as far as artist rights are concerned, MSCK has failed Kenyan artists and the entire Kenyan music industry, and it is high time we got rid of it altogether. Why? Because MSCK no longer serves the people or purpose it was supposed to.
Founded in 1983, MSCK, which stands for Music Copyright Society of Kenya, is the body that supervises the collection and disbursement of royalties on behalf of its members, who are Kenyan artists registered with the organization. In recent years, however, many new artists and artists in general have not bothered to register with MCSK, meaning many are not even members of the organization. This failure to register as members of MCSK means that when radio stations, bars, and businesses pay for licenses or royalties to MCSK on behalf of its members, these artists will not receive anything because they are not registered. The same goes for changing MCSK. MCSK can only be changed by its members, so as much noise as artists make on social media about MCSK, none of this matters because when elections or board meetings for MCSK happen. It is the members that decide, and seeing that the new generation of Kenyan artists do not value or register with MCSK, they have no say because they are not members. Like a golf or country club, MCSK is a member’s club. You have to be a member to get the benefits.
So, who benefits from MCSK, if not Kenyan artists? Currently, the biggest beneficiary of MCSK is its employees. According to audited accounts for the MCSK, of the revenue collected by MCSK, 70% of the collected revenue is spent on recurring expenditures, and only 30% of the collected revenue is divided among its members who are artists registered. Truth be told, MCSK is a broken system, and it is time that we get rid of MCSK once and for all and build something new that is for all artists, not just a select few.
So that everyone can have a say and earn royalties. Yes, artists can today earn from streaming, but they should not ignore potential earnings from royalties both here at home and abroad. There is a lot of money it is just being collected and spent each year by the wrong people who have no interest in bettering the lives of Kenyan artists or the Kenyan music industry but simply eating because it is their time to eat. When we complain about MCSK, nothing changes. That is why people stopped registering with the body, but that is not a solution, and neither is starting a new organization with a new name, bank account, and directors. We need to bring everybody together and strategize a way forward that gets rid of MCSK and is inclusive for everyone, not just the members. As an artist, it is your right to earn from your work. You should not have to be a member of an organization to get your dues, and if registration is necessary, the process needs to be simplified and online. I know people will ignore this article until the next time that MCSK pays people peanuts and everybody is up in arms, but we cannot take the issue of copyright and MCSK lightly. MCSK is stifling the growth of the Kenyan music industry, and continuing to not register or complain online is not helping.