Pirates unleash violence on musicians

Mwangi Muiruri

A major showdown looms in the music industry pitting artistes and music pirates. Battle lines are drawn with both sides spoiling for war, with musicians citing frustration from law agencies in dealing with copyright issues.

Eastern Benga musicians identify Westlands, River Road and Muthurwa Market in Nairobi, as well as parts of Nakuru, as hubs of pirates.

But in an incident last week that could mark a new frontier, a group of musicians on a fact-finding mission to Muthurwa market to ascertain where the traders buy the pirated music, found a hostile reception.

"To our surprise, the traders already knew of the visit. We found them brandishing pangas, threatening us to dare get near them. It is obvious we are dealing with an organised gang but we will not fear them," says musician Kamande wa Kioi. Women in Music chairperson Jane Nyambura says the time to tackle the pirates is now.

"The Government knows very well it is illegal to infringe on copyrights. Since it appears the police do not understand such crimes, those of us who understand will lead an onslaught against pirates," she says.

But Police Spokesman Eric Kiraithe explains officers cannot resolve the issues through complaints on the sidelines.

"Let them record official complaints with the police and we will investigate and haul the pirates to court. Otherwise, without a complainant we cannot have a focused investigation," he says.

But the musicians, it seems, are not taking the issue lightly. During a ceremony last month at Peter Kigia’s home in Gatanga, renowned Benga musician John Demathew fired the first salvo: "We are now openly announcing that we are not going to have our sweat feed the families of criminals. These pirates have to be tackled through all means."

Wa Kioi supported him, lamenting that the music industry has been transformed into a gangland.

"We spend at least Sh150,000 to have an audiovisual disc in the market. A pirate only spends Sh50 to have the same in the market since all they do is copy into a blank disc," he said.

He claims the situation is so bad that musicians are relying on live shows, private companies’ contracts and second sources of income to stay afloat.

CD sales

"I’m going into the market to sell my CD at Sh150 or an audiovisual at Sh300. The pirate is selling the same at Sh30 or Sh100," he says.

And the battle has now gone into the airwaves with one station that broadcasts in Gikuyu giving individual musicians a minute to send a message to the pirates.

In one of the messages, gospel artiste Nahashon Wanyoike says: "Even God knows piracy is evil. Traditions also loathe men who live on other’s sweat. May both the holy and traditional curses befall all these people (pirates)."

Most candid is Pastor J Gitahi who says: "We know them. They are all over River Road. The Government knows them. But they appear to be a law unto themselves. These are vermin who have to realise we are also not cowards."

The complaints also spread to the Music Copyright Society of Kenya (MCSK.). It was created to oversee the collection and distribution of royalties from public music users who include electronic media houses, matatus, entertainment and even production houses.

Taming the dragon

With its headquarters in Nairobi, it has branches in Mombasa, Kisumu, Machakos and Central Province.

Some musicians now accuse MCSK of doing little to tame the piracy dragon.

Wa Kioi says while the organisation has been going around collecting money, "the only royalty they have paid me so far is Sh5,000 that I received last December as a Christmas token."

Our efforts to contact the society were futile. A receptionist promised MCSK officials would get back to us, but they had not by the time of going to Press.

But in an earlier interview with the General Manager, Maurice Okoth, he said the society strives to reward and respect the value of a creator’s musical works.

"One effective way to fight piracy is to have an organisation that taxes everyone and gives the money to local artists," he said.

He added that MCSK has seen music users obtaining licenses and royalties for their works.

"Membership has grown from just 400 to 1,300 today," said Okoth.