Many artists, songwriters, and creators find themselves in precarious situations, often due to a lack of understanding or insufficient protection of their intellectual property. While copyright law provides a solid foundation for protecting creative works, much of the trouble artists face starts with the contracts they sign—or fail to sign.
In Kenya, the law offers provisions to safeguard against copyright infringement, allowing creators to take legal action when their rights are violated. However, as industry experts like Roland have noted, the root of many issues lies in the contracts artists enter into. Unfortunately, it’s not uncommon for musicians to sign contracts without fully understanding the terms, leading them to unknowingly give away their rights.
One of the key areas of confusion for many artists is the difference between assigning and licensing copyright. When you assign your copyright, you effectively give it away permanently—like selling it. In contrast, licensing your copyright means that you retain ownership while granting permission for someone else to use it for a specific period or purpose. Licensing can be limited to certain uses, and once the term is up, the rights revert back to you.
This distinction is critical. Artists often get frustrated when they realize too late that they've signed away more rights than they intended. For example, signing a contract without understanding whether you're assigning or licensing your rights can significantly affect your ability to profit from your work in the long run.
The key takeaway? Before signing any contract, take the time to understand the terms—what rights are you giving up, for how long, and under what conditions? Protecting your rights as an artist starts with knowing exactly what you're agreeing to.
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