MCSK FREQUENTLY ASKED QUESTIONS (FAQ’s)
MEMBERSHIP FAQ’S
Q: What is MCSK’s Mandate?
A: It’s a non-governmental, non-profit organization that is mandated to administer economic rights for authors, composers, arrangers and publishers of musical works in Kenya and other affiliate societies by collecting royalties from music users and distributing the same FAIRLY to the rightful owners. MCSK is registered under the Companies Act (Cap 486 of the laws of Kenya) as a Company Limited by Guarantee.
Q: What are the requirements needed to register as an MCSK member?
Author, Composer & Arranger requirements
- One (1) copy of commercially published audio CD of each album/Single; strictly in MP3 Formats.
- Two (2) passport size photographs and a copy of identity card/passport/birth certificate;
- Copy of National identity card/passport/birth certificate for next of Kin;
- Copies of agreements if there is joint copyright ownership.
- Names of group members and an appointed representative if it is a group/band or choir.
- Five thousand shillings,application fee. (Nonrefundable).
- Letters of administration from the courts of law if applying on behalf of a deceased person.
- Guarantor who has been a member of MCSK for a minimum of one year
- Preferred bank account number of the applicant/s. (NO SACCOS)
- KRA pin certificate.
Publisher’s requirements
- A certified copy of certificate of incorporation or business name;
- One (1) copy of CD of each album published by the company or business entity; strictly in MP3 Formats.
- Certified copy of PIN certificate for the company or sole proprietorship.
- Certified copies of contracts/ agreements between the publisher and the composers/authors/writers;
- Names and nationalities of all Directors or partners of the publishing company;
- Copies of agreements if the company has acquired control of local/foreign publisher catalogues;
- Two (2) passport size photographs and a copy of Identity card/passport of the representative/s;
- Company resolution appointing the representative/s;
- Guarantor who has been a member of MCSK for a minimum of four
- Company resolution to join MCSK;
- Cover letter on the Company’s letter head;
- Ten thousand shillings, application fee.(nonrefundable)
- Preferred bank account number of the publishing company. (NO SACCOS)
- KRA pin certificate.
Q: How long does it take for the registration to be approved?
A: Approvals are usually done quarterly and as per the board decision.
Q: What are the benefits of becoming a member of MCSK?
A: Benefits of joining MCSK include:
- Members will receive royalties whenever their musical works are played on radio, Tv or exploited in public places.
- Members receive international royalties whenever their songs receive airplay from other affiliate societies since MCSK has over 120 reciprocal agreements with sister societies.
- As proof to ownership of works/songs in case of any legal disputes.
- Monetization of their musical works for airplays with our monitoring system that monitors online stations worldwide.
- International recognition via IPI (Interested Party Information).
- Different revenue streams when MCSK partners with stakeholders administering mechanical services in their platforms.
- Benevolent funds as a member.
- Medical bill reimbursement.
- Free legal advice in terms of copyright.
- Technical and legal support to our members.
- Better bargaining power as a company in terms of raising society issues and concerns that affect the society.
- Attending training seminars that MCSK organizes form time to time in corporation with various stakeholders in the entertainment industry to sensitize performers on various issues that affect them.
- Q: What are the rights administered by MCSK?
A: MCSK administers four main rights,
- Performance in public places (PPP)
- Broadcasting rights
- Mechanical rights
- Synchronization rights
Q: How do I get my royalty payments?
A: 1) MCSK Payments are done according to our distribution rules & calendar. Visit any of our office to know more or you can visit our website on www.mcsk.or.ke for more information on the dates.
2) Payment is based on:
- The number of airplays of your song from logs from broadcasters and our monitoring system.
- Funds available for distribution.
Statements are sent by the email address that you submitted upon registration.
Q: What if am not well compensated for my royalty?
A: Launch a complain stating the nature of the complaint to distribution@mcsk.or.ke and wait for a feedback from us.
Q: Does MCSK issue Skiza codes and royalty payments?
A: MCSK doesn’t give Skiza codes. Safaricom has given different service providers (PRSPs) to issue Skiza codes. Payments are sent by Safaricom directly to the PRSPs that a member registered with. Please check the PRSPs in the Safaricom website. https://www.safaricom.co.ke/personal/get-more/entertainment/skiza
Q: What is the difference between MCSK, KAMP, PRISK and KECOBO?
A: MCSK, KAMP and PRISK are the only three Collective Management Organizations (CMOs) licensed by KECOBO to act in the interest of and behalf of right holders who are their members.
- MCSK administers economic rights for authors, composers, arrangers and publishers of musical works.
- KAMP administers the related rights of producers of sound recordings.
- PRISK administers the related rights of performers in musical and dramatic works.
- KECOBO a State Corporation in Kenya under the Office of the Attorney General & the Department of Justice mandated with the administration and enforcement of copyright and related rights. It licenses and supervises the activities of the CMO’s i.e MCSK, KAMP & PRISK.
Q: If I am a member of MCSK, do I need to also be a member of KAMP & PRISK?
The three societies each administer different rights. Therefore members are encouraged to identify their rights and register their works with a suitable CMO’s that will administer their rights on their behalf.
MONITORING FAQ’S
Q: What are the requirements needed for a song to be monitored?
A: You need to be an MCSK member, bring a copy of your cd in Mp3 format and fill a work declaration form obtained from any of our offices. Members can also send a soft copy of their works via email to musicmonitoring@mcsk.or.ke
Q: How long does it take to be in the monitoring system?
A: It takes 7days from the date you submitted unless your cd had problems for correction.
Q: How many stations are being monitored by the monitoring system?
A: We only monitor 42 local online stations and other online international stations that are eligible for monetization in our monitoring system. The list is provided as per your request.
Q: Why can’t MCSK monitor all broadcasting stations?
A: MCSK monitors online and other stations are not streaming online.
Q: How will I know the number of air plays I have for my songs?
A: Our monitoring system monitors the number of airplays from the stations. Visit our head office to check the play counts and which stations play your monitored songs.
LICENSING FAQ’S
Q: Why do I need a license from KAMP-PRISK-MCSK?
A: As with any license requirement, it is the responsibility of the music user to understand and meet any legal obligations. In Kenya, everyone is required to comply with the Kenyan Copyright law (as defined in the Copyright Act of 2001).If music is used in your business; it is your responsibility to ensure that the correct licenses are in place so that you and/or your employees/contractors working on your area of work perform copyright music in public lawfully.
Q: When do I need to obtain a music license from KAMP-PRISK-MCSK?
A: If you play music in your business, or want to use music in the promotion of a product, you need clearance from the owners of that music to do so. KAMP-PRISK-MCSK represents the rights of many owners of music and you should be able to get the clearances you need.
Q: Does it matter whose music I use, or how it is used?
A: MCSK represents over 10 million songs, so if you are using music it is likely to be music in copyright and falls within MCSK’s repertoire. Irrespective of whether you play music via Radio or TV, a CD/DVD, a satellite delivered service or arrange live music performances, you will need a music license.
Q: How do I get the Joint Copyright License?
A: Visit any of our regional offices country wide. You will be taken through the application process whereby you will give the details of your business. An assessment will be done and if necessary they will visit your premise for accurate invoicing. An invoice will be issued after the assessment.
Q: What is the cost of a license from KAMP-PRISK-MCSK?
A: The joint License fees are reasonably priced. The cost is determined by the scope of tariff and the nature of your business. Please visit our website at www.mcsk.or.ke for the various price applications.
Q: What mode of payment does KAMP-PRISK-MCSK use?
A: No cash is allowed. We use our KAMP-PRISK-MCSK M-pesa pay bill number which is 793911 Account: 7702460014 .Cash deposit is also used whereby you will be given the bank account numbers. KAMP-PRISK-MCSK cheques are also allowed.
Q: Which types of licenses do KAMP-PRISK-MCSK have?
A: Broadcast, Mechanicals, Performance in public places & Synchronization license.
Q: Do I need a KAMP-PRISK-MCSK License if I use only TV or Radio, even for news, sports and talk channels?
Public performance includes music performed by playing TV and radio channels, including copyright music heard as part of advertisements, theme songs and channel ‘identification’ music. News, sports and talk channels normally include some music use.
Q: What if my Employees bring in their own equipment? Do I still need a license?
A: The ownership of equipment does not affect the requirement for a Music License. The question is whether music is performed in public. If music is performed in public, a KAMP-PRISK-MCSK music License will be required. The premises owner or business owner is held legally liable for any unlicensed public performances of copyright music that take place on their premises.
Q: A person/inspector claiming to be from KAMP-PRISK-MCSK wants access to my premises. How do I know they are from your organization?
A: MCSK has received odd reports that some people not connected with our society have claimed to be from MCSK in order to gain access to premises. Our officials often try to contact you in advance first and arranging an appointment. Where this is not possible, KAMP-PRISK-MCSK staff members always carry Identification on them and you could also call and check any details through our regional Managers in the various regions. If you have any concerns about the identity of anyone trying to gain entry to your premises, do not allow them access and call MCSK’s Chief Licensing
Q: What if I have already paid for the cd/dvd or download?
A: When you buy a CD/DVD or download etc., there is usually a disclaimer either on the product or in the terms of the download agreement advising that you aren’t purchasing the right to give a public performance, broadcast, communication or make any reproduction of the works. If you want to play music in your business, or on your telephone to callers on hold, or copy music for your business you must get the copyright owner’s permission. In most cases this takes the form of an annual KAMP-PRISK-MCSK license.
Q: I only play music from a foreign country; do I still need a license from MCSK?
A: Yes. MCSK is part of a worldwide network of collecting societies which have reciprocal licensing arrangements. This allows MCSK’s members rights to be administered all over the world, and the rights of foreign composers to be represented in Kenya by MCSK.
Q: MCSK already charges Radio stations a license to broadcast music, why is another fee payable?
A: Rightful owners of original works have a number of separate rights under the Copyright Act to ensure that they receive a fair reward for the uses of their work. They have the right to authorize the broadcast of their music, hence the KAMP-PRISK-MCSK license for radio stations to broadcast copyright material – and, quite separately, the right to control the public performance and communication of their work by radio, TV or other means. Premises playing copyright music by radio or TV are giving a public performance and those who use music on hold are authorizing a communication to the public. Both uses of music require a MCSK license.
Q: In case of any harassment or unfairness from any MCSK staff, how do I go about the complaint?
A: Visit any of our offices and make complain to the regional manager in charge to assist you.
Q: Where are MCSK regional offices located?
A: Head office Westlands, Waiyaki Way, AK-119, House no. 1 (Between Malawi High Commission and Toyota Kenya) P.O.Box 14806-00800 Nairobi. Kenya.
- NAIROBI – TOWN OFFICE, CBD – Veteran House – 3rd Floor, Moi Avenue Street.
- CENTRAL – NYERI OFFICE – Peak Business Centre, 1ST Floor, Kanisa Road, off Kenyatta.
THIKA OFFICE –Witeithie House, 4th Floor, Room 413, Kwame Nkrumah Road.
- EASTERN
MACHAKOS OFFICE (LOWER EASTERN) – K.C.B Building, 4th floor, Mbolu Malu road.
MERU OFFICE (UPPER EASTERN) – Electrical House, 2nd Floor, Room 11, Ghana Street(Opposite Uchumi)
- WESTERN BUNGOMA OFFICE – Co-operative Bank Building, 2nd Floor, Room 7.
KAKAMEGA OFFICE – Church House, Kisumu road, opposite Muliro Gardens.
- NYANZA KISUMU OFFICE – Harleys Building, 2nd Floor, Room B3, Oginga Odinga Street.
KISII OFFICE – Orange House, 1st Floor, Hema Hospital Backstreet.
- RIFTVALLEY ELDORET OFFICE (NORTH RIFT) – Kirem Arcade, 2nd Floor, Wing 15, Ronald Ngala Street.
NAKURU OFFICE (SOUTH RIFT) – Ereto Plaza, 4th Floor, Mburu Gichua road.
- COAST MOMBASA OFFICE – Zulijana Centre, 3rd Floor, Moi Avenue Street, Opposite Uhuru Gardens.
MARKETING FAQ’S
Q: Who is entitled for sponsorship from MCSK?
A: All members are entitled for sponsorships from events, cd/album/video launch.
Q: What are the requirements needed for sponsorships?
A: 1) You will need to submit a well detailed proposal explaining more about the event, how MCSK can come in and how MCSK stands to benefit from such arrangements.
2) Submit a budget for the event.
Q: What is the maximum amount you can receive from MCSK sponsorship?
A: The amount is evaluated by case to case basis. However, this is based on the availability of funds.
Q: How can MCSK assist to market music for musicians?
A: We don’t market directly but we do offer valuable information on how to publicize and distribute music.
Q: Does MCSK sell music?
A: No! We only license companies that would wish to trade in Kenyan music, whether physically or online stores.
