When politics tramples on music

This weekend, reports of unauthorised use of music belonging to Juliani, a Kenyan star in a political video elicited animated debate on social media.

The unauthorised use of recorded music in political campaigns is not a uniquely Kenyan problem as similar complaints have been reported in the US too.

Politics interacts with music intimately since music is an effective tool of mobilisation. In many cases, the interaction is mutually beneficial, but it is an abusive relationship in a number of cases.

Instances where the interaction is beneficial include when politicians commission a song, musicians license a song, politicians pay for public performance or when artistes are contracted to perform during rallies and other events.

Commissioning a song is where a party or a political candidate contracts an artiste to record and sometime perform the song for their campaign.

The default ownership of the song lies with the political personality or entity that commissions it. In this and other cases, parties are advised to enter into a written contract.

From experience, this ideal position is rare since political entities seldom sign contracts or complete payment.

Licensing of a song is another ideal situation that would benefit artistes. Many may recall the use of the Gidi Gidi and Maji Maji Song “Unbwogable” in the 2002 campaigns by the National Rainbow Coalition.

That ought to have been authorised by the authors through a contract and a handsome fee paid. Other artistes have seen the unauthorised use of their songs for campaigns since.

When politicians identify a song that reflects the theme of their campaigns, they often use it.

By the time copyright owners reach out, it is too late. It’s advisable that political formations take time to handle such issues and formally seek authority through a licensing agreement.

In spite of political formations having a few theme songs, there is a lot more of music from artistes that is used during campaigns.

This is where the need to pay for a public performance licence comes from.

Political formations are advised to pay for the music they use for mobilisation and rallies through the Collective Management Organisations (CMOs). The Kenya Association of Music Producers, Performers Rights Society of Kenya and Music Copyright Society of Kenya are three CMOs licensed by Kenya Copyright Board to collect jointly.

Artistes may also benefit if they are contracted to perform at political events.

Politicians and parties usually hire popular artistes to play at their rallies.

In most cases, artistes are paid well since their star power also attracts audiences to the rallies. In some instances, full payments are delayed or remain unpaid, causing bad blood between politicians and the artistes.

There is, however, the ugly side where artistes suffer at the hands of politicians. The most rampant is the use of music without the consent of artistes. The case mentioned at the beginning of this article is a classic example.

Generally, artistes suffer in silence as they are denied their dues.

In a few cases, legal action starting with cease and desist letters and injunctions follow. In many, the matters are amicably settled.

There are also cases where politicians and formations fail to pay for the use of music in public performances. As a consequence, royalties cannot be paid by the CMOs to artistes.

Fortunately, the two major formations from last elections paid for their public performance licences.

An artiste allowing his or her work to be used in any campaign carries some risks if the cause their music is being used to support is unpopular or objectionable to their fans. The same applies in the case where an artiste withdraws or protests the use of their music by a party or cause that turns out to be unpopular with their fans.

This has consequences as the latter’s fans may withdraw their support, with economic consequences to follow.

There are, however, emerging issues touching on visual artists’ quest to earn from these political events. Of late, visual artists are making paintings of celebrities and politicians. The authors then push their followers on social media to reach the politicians or celebrities to pay for the work. The jury is still out there as to whether this is ethical.

A word of advice to politicians and political parties; pay the artistes upfront and sign contracts with them or they will sing songs to correct the previous impression they gave to the public of you.

To the artistes, be alert and assert your rights fiercely. Sign contracts and get your money before any political performance.

Mr Sigei is the executive director, Kenya Copyright Board (Kecobo). [email protected].