Ethical Dilemmas and Copyright Challenges among Independent Artists in Kenya's Music Industry

Abstract

This qualitative phenomenological research aims to find out the ethical dilemmas around revenue generation and copyright practices among independent artists in Kenya. The study delves into various aspects, including collective management organisations (CMOs), copyright laws, governmental policies, exploitative practices, and regulatory frameworks, through an extensive analysis of existing literature and qualitative data. It reveals that while Kenya's music industry has experienced substantial growth with the introduction of new music genres and disruptive innovations, it still struggles with systemic barriers that limit the welfare and success of independent artists. Governmental policies and copyright laws revealed gaps in protecting independent artists' intellectual property rights. The study shed light on issues such as corruption, mismanagement, and failure to distribute royalties to artists fairly, with a close examination of CMOs, thus calling for the need for increased transparency and accountability. These issues are linked to numerous challenges, including inadequate industry support, limited access to resources, and unfair compensation. Exploitative practices conducted by industry participants and intermediaries are subjecting independent artists to illegitimate contractual agreements, delayed royalties, and predatory behaviours from industry participants. The presence of weak regulations magnifies these concerns, resulting in the degradation of artists' rights and limited recourse in cases of copyright infringements or contractual disputes. This research, therefore, calls for regulatory reforms and industry-wide interventions to address these structural barriers and to give light on how to promote a more sustainable and equitable music ecosystem in Kenya. The study recommends the strengthening of copyright enforcement mechanisms, improving transparency and accountability within CMOs, and establishing tailored support systems for independent artists.