At the end of last year, the Music Copyright Society of Kenya (MCSK) got a new face to run its affairs. This is Maurice Mwande Okoth who until his appointment was a senior associate and head of litigation at Mutisya and Co. Advocates.

Even before the change of guard at the helm of the society that has had a dramatic past-with several general managers being thrown out and artists literally taking over the management of the society in some instances- there were signs of better things to come, at least going by the figures of royalty collections.

The promising figures obtained from the MCSK show that up to slightly over Sh 13.8 million was collected last year.

The collections came from radio, TV and general public places. In the previous year, Sh9.8 million was collected while only Sh7.4 million was collected in 2004/5.

The records suggest that there were months when MCSK collected nothing either from radio or television stations. This raises serious questions on how reliable the MCSK systems are.

One of these months is July 2006 in which there are no figures from television stations while November and December of the same year have no recorded figures from both radio and television as was May last year.

According to these figures, most of the money was collected from the general public that includes saloons, matatus, restaurants and other places.

This comes to about Sh 10 million. Hotels, cyber cafes, saloons and other public spaces are charged according to their sizes, location and sitting capacity. The lowest figure charged was Sh1,500 with the average fee being Sh2,000.

Mobile discos are charged Sh10, 000; road shows pay Sh10, 000 while anyone playing music in branding campaigns must pay Sh3,000 a day. All the MCSK licence charges are payable once a year.

Though the MCSK will not release the list of the best earners yet, sources say that the best royalty earner last year took home about Sh 300,000, an amount that is still considered very little especially considering that television and even hotels that are supported by music have been reporting huge profits.

But it's definitely a big leap from the past. Last year, the society launched a campaign advising all music copyright users to comply with the law by paying up for music performed and or played within their business premises. As expected, some of the saloons, matatus, radio and TV stations and other copyright users were not amused by this idea.

Kiss FM presenter Carol Mutoko hosted Francis Shiyukah-the MCSK operations and marketing manager -during a breakfast show to discuss the issue.

The official argued that music is played in bars, by radio stations, saloons or even matatus to boost business. This is why they must compensate the creators.

Here are excerpts of our interview with Mr Okoth:

Copyright Awareness is still very low in Kenya. What do you plan to do?

We at MCSK have already embarked on a sensitization campaign targeting both the users of copyrighted works and the right holders through the media. We shall also embark on a countrywide campaign.

We are also partnering with The Kenya Music Week Limited and shall be accompanying them in their monthly bazaars where we shall explain copyright issues.

A lot of money is at MCSK uncollected. What is the problem?

I plan to intensify the registration process so that our members can benefit from royalties collected here and even foreign royalties that are collected, but cannot be distributed as the works cannot be identified as they are not registered and as such are considered unknown works .

The total collection is still paltry. How will you improve the bottom line?

The society shall intensify royalty collections. In vehicles: complete negotiation process that had already began with the associations for PSVs; for example Matatu Owners Association.

Broadcasting stations: I shall enter into dialogue with the few who have refused to comply failing which the society shall go to court.

The society is also exploring possibility of working with the CCK to make compliance a precondition to renewal of radio and television licences.

Pubs and Restaurants: the society has already scheduled meetings with representative associations and Kenya Association of Hotel Keepers and Caterers -KHC.

For smaller users, the society will soon be embarking on door- to- door campaigns. This will be done with partnership with councils, Ministry of Culture and the police. Already negotiations with some of the authorities has begun.

We shall also open branch offices countrywide as we enter into collecting agreements with law firms who shall administer collect fees on our behalf in other areas.

To further increase royalty collections, amendments to the current tariffs are in place as these tariffs have been the same for quite some time now and never been increased .

Records at MCSK are still not very accessible. Any plans to be more transparent?

Members can now walk in at any time, inspect company documents and ask for clarification on any queries.