Creatives have received Sh43.6 million in the latest royalty distribution by the Performing and Audio Visual Rights Society of Kenya -(PAVRISK).
The amount nearly double the Sh24 million paid out in its previous distribution.
PAVRISK chairman Edwardo Waigwa said the increase reflected progress in the organisation’s royalty collection and distribution efforts, despite challenges arising from disputes within the collective management sector.
“This year we have been able to distribute 43 million, almost double the amount that we did,” Waigwa said.
Speaking during PAVRISK’s second Annual General Meeting in Nairobi on Tuesday, Waigwa attributed part of the growth to support from the government and expressed optimism that royalty payments to creators would continue increasing.
“We can guarantee you that with all the support that we have gotten already and what we'll get, we'll be able to triple that amount and the artists will be happy,” he said.
The latest payout comes amid continued disputes among collective management organisations (CMOs) over the collection and management of royalties, which PAVRISK officials said have affected the flow of payments to rights holders.
The organisation’s officials stressed that increqs d litigation had disrupted royalty collection and delayed payments to rights holders.
PAVRISK chief executive officer Joseph Njagih said the organisation had faced 52 cases challenging how royalties are managed, with some concluded through rulings or judgments while others had been dismissed or rendered moot.
The ceo added some matters remained active before the Tribunal and the High Court, with the disputes creating uncertainty among users of music and other protected works over which organisation had the legal mandate to collect royalties.
He said some users were holding onto royalty payments because of the uncertainty, while in other cases payments could end up with organisations that PAVRISK contends do not have the mandate to collect them.
“The effect is that the artists don't get their royalties in total,” Njagih said.
Pavrisk chair Edwardo Waigwa (right), Kecobo chair Joshua Kutuny (mid) and Pavrisk CEO Joseph Njagih (left) during the AGM in Nairobi/HANDOUTChairperson Waigwa said prolonged litigation had also placed financial pressure on PAVRISK, with resources being spent on having to defend itself and responding to court directions instead of being channelled towards royalty collection and distribution.
“Legal uncertainty translates to collection uncertainty which translates to revenue,” Waigwa said.
He added: “Litigation should not become defining future of CMO.”
The officials called for an end to prolonged disputes among CMOs and urged the sector to strengthen internal mechanisms for resolving disagreements before they escalate into costly and protracted court battles.
The issue of royalty distribution was also raised by Kenya Copyright Board (KECOBO) chair Joshua Kutuny, who warned CMOs against failing to distribute the required share of royalties to creators.
“If you don't distribute 70 per cent we will take necessary action, according to regulations, either revoking or invoke administrative action,” Kutuny said.
Kutuny urged artists to take a more active role in the management of CMOs and called for greater transparency in the sector.
He also backed efforts to reduce court disputes, saying prolonged legal battles ultimately undermine the interests of artists whose royalties the organisations are established to protect.
Kutuny, whose term as KECOBO chair is set to end later this year, used the occasion to urge stakeholders to sustain the reforms undertaken during his tenure.
He also thanked President William Ruto for appointing him to the KECOBO board and expressed appreciation to PAVRISK for its cooperation on regulatory compliance.
PAVRISK said it had strengthened internal systems, including digital membership and royalty distribution processes, as it seeks to improve transparency and ensure more money reaches rights holders.
