Revenue administration for musical works in the digital space in Kenya

Abstract

This paper seeks to investigate revenue generation, collection and distribution through digital platforms in the music industry in Kenya. While conducting the study, the researcher has been able to understand the disruption of the music industry by the digital space. The significant disruption being the distribution of music and earnings from it. The second being the negative effect the digital space has had on the music industry, especially with regard to the infringement of intellectual property through the illegal, downloading and distribution of music which result to the loss of earnings. It is equally a space where artists without legal representation or understanding can be exploited by companies that have these resources which consequently lead to artists signing off their rights, causing them a major loss in revenue whilst the company’s profit.

The author relied on the theories of agency and utilitarianism in the effort to suggest the institutionalisation of policy and regulation that shall govern music revenue in the digital space which in turn has the potential to create opportunities which could bolster the economy of the whole country. The gap that the law currently has is that of a legal framework to govern and regulate the administration of revenue of musical works derived from the digital space. Due to the nature of the digital space, digitised works can be easily infringed upon or exploited if there is no legal framework in place to protect the digitised works. Therefore, the administration of revenue generated from musical works in the digital space needs to be governed and protected through a legal framework.