KAMP Exposes KECOBO For Demanding Members’ Data In Order To Renew Annual License
The ongoing stalemate between the Kenya Association of Music Producers (KAMP) and the Kenya Copyright Board (KECOBO) has been blamed on data breach attempts in new license renewal requirements.
For KAMP to fully meet its mandate, it is legally required to apply, on an annual basis, for an operating license from KECOBO which in turn must objectively assess KAMP’s application and provide guidance backed by the law within a reasonable period.
“I wish to take this opportunity to clarify that KAMP has endeavored to operate in line with the set collective management regulations and wish to further reiterate our continued commitment to fulfilling our mandate in the interest of both our members and the public.” Said Angela Ndambuki, Chairperson, Kenya Association of Music Producers.
According to Angela Ndambuki, the annual CMO license application process began in October 2022. Having complied with all requirements set by KECOBO, KAMP submitted all necessary documents. However, the ongoing stalemate began when KAMP rejected one condition imposed by KECOBO; that KAMP hands over to KECOBO all of our members’ data as a precondition for getting an operating license
This demand is contrary to section 25 of the Data Protection Act. 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.”
Besides, KAMP says that in the last general meeting, members emphasized that their data be protected in accordance with the Data Protection Act. KAMP says that despite notifying KECOBO of the resolution by members, the Board has in fact doubled up on its intransigence and flatly insists on KAMP surrendering its members’ data to the Board.
“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 grantor prohibit the use, including any action that may result in unauthorized 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.” Stated Angela Ndambuki
According to the association of music producers, KECOBO’s actions do not align with Kenya Kwanza’s commitment to protecting and promoting the creative economy. In fact, it seems KECOBO is fixed on destabilizing the collective management edifice and rendering it ineffective.
KAMP reiterates that as an institution, it will stand by the law and commit to its members, assuring them that it will not be forced into such a situation. Currently, the matter is awaiting direction from the copyright tribunal
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