Pulse Exclusive: Nigerian musicians might have their music illegally sold in Kenya by COSON

Sources have revealed to Pulse that a deal is in the pipeline to licence local music by Nigerian musicians for Caller Ring Back Tunes (CRBT) in Kenya.

Nigerian artists might be having their music licenced illegally in Kenya, according to sources who have spoken with Pulse.

Sources have revealed to Pulse that a deal is in the pipeline to licence local music by Nigerian musicians for Caller Ring Back Tunes (CRBT) in Kenya. According to information made available to Pulse this deal is being brokered by the Copyright Society of Nigeria (COSON).

But this deal might be illegal. COSON who is the chief collecting society for Nigerian creative works have not been authorised by Nigerian artists to licence their music internationally. They are strictly a collecting society empowered within the shores of the country.

In Kenya, this is different. Music in Kenya  can be licenced by collecting society, Music Copyright Society of Kenya (MCSK).

MCSK is the Kenyan equivalent of COSON. They are a non-profit making collecting management organisation for Authors, Composers, Arrangers and Publishers of musical works. According to their official website, “It’s main mandate is to collect Royalties on behalf of its members and other affiliate Collecting Management Organisations and distribute the same to them.”

The deal to hand over licensing rights of all Kenyan musicians was orchestrated by MCSK’s former CEO, Maurice Mwande Okoth.

 

Since 2007, Mr. Okoth served as the Chief Executive Officer of the Music Copyright Society of Kenya (MCSK).  With Mr. Okoth at its helm, MCSK has grown from barely 600 members in 2007 to over 10,000 to date with numerous of its members earning millions of Kenya shillings in royalties. MCSK has a deal with local artist to licence music in Kenya to telecommunication companies.

In 2014, According to local media sources in Kenya, Maurice Okoth Maurice Okoth and two other employees of MCSK were suspended over corruption claims at the society and in the handling of artists’ monies. This comes after Elani, a kenyan band released an online video questioning the credibility of the body. That was followed up by more artists like Avril, Pitson among others claiming that the royalties paid did not add up despite having hit songs and lots of airplay.

In 2015, he was charged to court, but the case was dismissed in September 2016. Maurice Okoth was cleared of all charges.

“I’m so relieved! When something like this happens you lose your confidence. I couldn’t even give advice to people or stand up to talk to them because it really affected my life. It took my confidence, my leadership ability and guidance capabilities. But I’m thankful to God because I’ve been surrounded by supportive friends and family,” Okoth told local media publication, Showbuzz.

According to sources, Maurice Okoth has held meetings with COSON in a possible deal that will enable the body digitally licence music in Kenya for Nigerian artists. Pulse received a tip-off that officials of COSON were invited by Okoth to Nairobi, in September 2017, where they had a meeting to structure the deal.

 

The entire deal is for COSON to monetize local content in partnership with Okoth’s firm, Centre for Intellectual Property, Advocacy and Research (CIPLAR), a Kenyan non-governmental organization established in 2005.

Sources say if this deal comes through, COSON will be able to act as digital content distributors in Kenya, where they will licence Caller Ringback Tunes (CRBT) to major networks in Kenya, including Telkom Kenya, SAFARICOM, and Airtel Kenya.

Pulse has reached out to Chinedu Chukwudi, who is the CEO and General Manager of COSON. He says  the organization is looking to effectively ensure monetization of Nigerian music in Kenya.

“COSON is working with a number of stakeholders group in Kenya in order to ensure that our contents are protected and paid for in that territory,” Chukwudi says. One of the stakeholder group we are working with is CIPLAR. Their task is to ensure that wherever our contents are used it is tracked and paid for either directly to COSON or through the system of collective management in Kenya, which will still be remitted to COSON.”

A digital content provider who spoke to Pulse on strict condition of anonymity said that COSON has no business signing such deals for Nigerian artists.

“COSON does not have the right to do this. They are a collecting society not a content provider. I think they just want to dip their hands into the pie,” our source said.

Another official of a digital aggregator said the deal is bound to fail because COSON have no authority to monetize content outside the country. “COSON’s job is to collect money for artists on terrestrial media. How much have they effectively carried out their job?” the official asks.

On the issue of monetization via CRBT by COSON, Chinedu Chukwudi further explains that the partnership with CIPLAR will enable the monetization process via a Reciprocal Representation Agreement.

READ MORE: How Nigerian musicians are cheated by local digital distribution systems.