Ethical dilemmas and copyright challenges among independent artists in Kenya's music industry

Abstract

This qualitative phenomenological study investigates the ethical dilemmas surrounding revenue generation and copyright practices among independent Kenyan artists. Through an extensive analysis of existing literature and qualitative data, the study delves into various aspects including copyright laws, governmental policies, and collective management organisations (CMOs), exploitative practices, and regulatory frameworks. It uncovers that while Kenya's music industry has experienced significant growth with the rise of new music genres and disruptive innovations, it still grapples with systemic barriers that impede the success and welfare of independent artists. Copyright laws and governmental policies revealed gaps in safeguarding independent artists' intellectual property rights. With a close examination of CMOs, the study shed light on issues such as mismanagement, corruption, and failure to distribute royalties to artists fairly, thus calling for the need of increased transparency and accountability. These issues are linked to the numerous challenges, including limited access to resources, inadequate industry support, and unfair compensation. Exploitative practices carried out by industry players and intermediaries are subjecting independent artists to unjust contractual agreements, withheld royalties, and predatory behaviours from industry players. The existence of weak regulations magnifies these issues, resulting in the erosion of artists' rights and minimal recourse in cases of copyright violations or contractual disputes. This study, therefore, advocates for regulatory reforms and industry-wide interventions to address these systemic barriers and to shed light on how to foster a more equitable and sustainable music ecosystem in Kenya. Last, the study recommends the strengthening of copyright enforcement mechanisms, improving transparency and accountability within CMOs, and establishing tailored support systems for independent artists.