The Chairperson of Kenya Association of Music Producers (KAMP) has revealed that the Kenya Copyright Board (KECOBO) is demanding their client data to give them a license.
“The current impasse is consequent to KECOBO’s unreasonable, illegitimate and illegal demands that KAMP hands over to KECOBO all of our members’ data as a precondition of getting an operating licence from the Board. This demand is contrary to section 25 of the Data Protection Act,” Angela Ndambuki’s statement said in part.
The said section provides inter alia “Every data controller or data processor shall ensure that personal data is processed in accordance with the right to privacy of the data subject.”
In 2020, KECOBO ordered an audit of the Kenya Collective Management Organisations (CMOs) Music Copyright Society of Kenya (MCSK), Performers Rights Society of Kenya (PRISK) and KAMP.
KECOBO later announced that evidence of malpractice were forwarded to the DCI.
As per investigations, all the CMOs cleaned up house and set the records straight. However, up to now, KAMP has not been issued a license despite meeting all the requirements.
“We have informed KECOBO — and hereby reiterate that the current Copyright Act upholds copyright as a private/personal property exclusively owned and controlled by its creators who have the power to grant or prohibit use, including any action that may result in unauthorised exploitation. We believe that KECOBO’s obstinacy is not only suspect but also shows that the Board is acting in bad faith, attempting to coerce a private entity into infringing on the Data Protection Act,” Angela further wrote.
To solve the issue, KAMP has also contacted the Ministry of Youth Affairs, Sports and the Arts and the Copyright Tribunal to end the stalemate.
“KECOBO’s actions do not align with Kenya Kwanza commitment to protecting and promoting the creative economy. In fact, it seems KECOBO is fixed on destabilising the collective management edifice and rendering it ineffective. On behalf of KAMP, I want to reiterate our dedication and commitment to our members and categorically assure them that we will not be forced into such a situation. We have taken the matter before the Cabinet Secretary Hon. Ababu Namwamba and the Copyright Tribunal for direction, and we hope to have the matter resolved soon,” the statement said.
As per investigations, all the CMOs cleaned up house and set the records straight. However, up to now, KAMP has not been issued a license despite meeting all the requirements.
There is more than meets the eye in this issue and Cyprian Nyakundi will be following up.
We smell an attempt to steal data by KECOBO.
FULL STATEMENT
Kecobo must be called out . Data of members can’t be dished out casually . Kamp has greater responsibility of safeguarding miss use of our data.
— Paul Okoth (@pauloko2000) January 20, 2023
