Kenya Association of Music Producers (KAMP) and Performers Rights Society of Kenya PRISK have finally weighed in on the wrangles between Kenyan DJs and artistes that has been going on for almost three weeks now, after the DJs were asked to pay Sh15,000 annually to play Kenyan Music. (Read the story below)

KAMP AND PRISK WOULD LIKE TO STATE THE FOLLOWING:

There are two types of DJ Uses that may be subject to collective licensing in accordance with Section 30 (A) of the Copyright Act:

1. Communication to the Public(CTP)

The General Rule: The Copyright Act, Cap 130 Laws of Kenya provides, among other things, that if music is used for commercial purposes or a reproduction of such recording is used directly for broadcasting or other communication to the public, a single equitable remuneration for the artist and the producer of the sound recording shall be paid by the user through the respective collective management organizations (CMOs) in this case being KAMP and PRISK.

Communication to the Public in law means the playing of music in public (non-domestic arena) for commercial purposes. Where music is commercially exploited by DJs who do not play regularly at an entertainment venue but rather at events which are individual or normally one-off or at activities which take place at fairs, shows, random sporting club dances, community halls, among others and special events, such DJs are subject to be licensed by KAMP-PRISK and issued with their own licence. We refer to these DJs as Mobile or Freelance DJs.

To explain further, “Mobile DJ” refers to a DJ who is performing at a venue that does not otherwise require a KAMP-PRISK licence in their normal operations (i.e. in circumstances that are not covered by KAMP-PRISK tariffs), regardless of whose equipment the DJ is using (his own or the venue’s). It also refers to a DJ performing in a venue that is not sufficiently licensed by KAMP-PRISK e.g. a venue that has paid a license fee based on the background use of music and audiovisual works tariff but not the specially featured entertainment tariff. The latter tariff applies to nightclubs with theme nights that may be accompanied by DJ performance.

It is important to note that the mobile DJ licence does not cover events held in discotheques, nightclubs or similar venues; Permanent/regular engagements or Consecutive events held in the same venue. This forms the specially featured tariff payable by the club.

If a DJ therefore performs at a venue that does not ordinarily require a license or is not sufficiently licensed, the DJ shall be required to take up an annual license or a per event license.

2. Reproduction Rights:

If a DJ makes his compilations for purposes of communicating to the public, he should obtain reproduction rights license. Under the Copyright Act, “reproduction” means the making of one or more copies of a work in any material form and includes any permanent or temporary storage of such work in electronic or any other form. Reproduction rights license does not include the payment for communication to the public, it has to be paid separately.

Way Forward

After deliberations, the joint KAMP-PRISK board has resolved to suspend the enforcement of the Reproduction tariff which seems to be the license in contention until further notice to allow consultation and negotiations conclude with the users; the DJs.

In the meantime, KAMP-PRISK shall continue implementing the Communication to the Public tariff and all DJs affected by this tariff are hereby advised to take out a KAMP-PRISK license.