Our attention has been drawn to the ongoing debate regarding the increasing eases or
unauthorized reproduction/ re-recording of already published musical works and the subsequent exploitation of musical works for commercial purposes without the necessary
permission from the owners of the works.
We note that most of the artists involved in these complaints are ignorant of the law hence
the need for us to issue clarification and guidance to avoid protracted legal battles
involving our members.
We note that this is indeed a gray area that calls for immediate direction, guidance, and further education for our esteemed members.
MCSK would therefore like to take this early opportunity to inform our members and all other persons and entities involved in these violations of the copyright law of the Consequences.
The Copyright Act no. 12 of 2021, clearly states that it is illegal to publicly perform and or reproduce in any form, already published musical works without express authorization from the original rightsholder(s) in the respective musical works.
Section 26 (1) of the said Act, clearly defines the nature and kind of rights that accrue to the right-holder in a musical work, together with the prohibited acts that include reproduction and unauthorized performances.
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