As social media becomes an increasingly influential space for creativity and commerce, understanding the rules of engagement, especially around copyright, is critical.
Muriuki Kiai, an Expert in Africa's Music Industry, and Database and Copyright Manager at Mdundo
Read more copyright and music related articles written by Muriuki Kiai here
There is a growing disconnect between content creators and artists. Artist are pursuing legal action against content creators and brands for copyright infringement.
Content creators often use popular songs in their videos, particularly on platforms like Instagram and TikTok. Some creators have become so synonymous with certain songs that audiences associate the tracks with them. While this may seem like a free promotion for the artist, there are limits, especially when the content is monetized or used in brand partnerships.
What Is a Synchronization License?
A 'Sync' License is an agreement between the copyright owner and the music user. It allows the music user to use part of all of the copyrighted music in visual media such as TV, movies, adverts, radio or any digital visual content. A Sync license is important when content is commercialised. Section 32 of the Copyright Act reinforces this, stating that "the author has the moral right to claim ownership of and approve the use of their work in a manner they deem fit."
Content creators infringe upon the moral rights of the copyright owner by failing to obtain a Sync license. The Copyright Act affirms the artist’s right to control how their work is used, setting a significant precedent in Kenya’s digital space.
Moving Forward
There is a clear gap between creatives and musicians when it comes to copyright and licensing. Many creators are unaware of the need to secure a sync license for commercial content. This ruling provides a legal precedent for future cases and serves as a wake-up call for content creators who use copyrighted music in their brand collaborations.
There's a need for education and awareness in the digital space. I agree that collaboration between artists and content creators can benefit both parties, however, copyright needs to be respected.
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