Musicians sue hospitality outlets over unpaid royalties

Rwanda Music Federation has filed a case at Rwanda Investigation Bureau (RIB) against consumers of local music who refused to pay royalties after several attempts for them to comply hit a snag. This was revealed by Jean de Dieu Tuyisenge the head of the federation, who in an interview with The New Times said that the outlets that are being pursued include hotels, bars and broadcasters. He did not specify the number of these outlets or the money owed to the musicians in total. Tuyisenge explained that Rwanda Development Board put up a tariff of royalties to be paid by consumers of local music, but while some started paying since 2019, others turned a deaf ear. “We have met concerned parties several times and discussed why and how they should pay. Some started paying and for those who remained adamant, we were left with no option,” he explained. In 2017, in partnership with Rwanda Society of Authors (RSA), RDB approved a tariff that necessitates everyone who consumes any artistic product commercially to pay royalties. As explained by Charles Kwitonda, the Chief Executive of RSA, media houses, taking into account that they are commercial, sponsored or community-based, are charged between Rwf300,000 and Rwf4 million per year. However, initially, the musicians’ federation had cracked a deal with media houses that since the industry is still nascent, they could be exempted on condition that they exclusively play local music. This was also seen in a context of the musicians leveraging the platform to promote their products. “That was the deal we had but apparently some media houses breached it by playing non-Rwandan music which they buy. If they are paying for foreign music, it is only fair that they also pay us. We are yet to settle that,” Tuyisenge explained. Justin Mugabo, the propriator of Isango Star Radio and Tv, when he talked to The New Times, said that the association of media house owners of which he is part, was discussing the issue and were yet to decide. For hotels, restaurants, bars and clubs, Kwitonda explained that the tariff compels them to pay an annual royalty of Rwf336,000 if they occupy a space of between one and 300 square-metres. “It means the bigger the business, the more they pay. We have met them several times to explain this and it is a journey because not all of them understand and actually pay,” Kwitonda said. Paying royalties also concerns event organizers and planners who are charged per number of events over a given period of time. Law N° 31/2009 of 26/10/2009 on the Protection of Intellectual Property and its importance stipulates that intellectual property must be given value. Recently, Rwanda Utilities Regulatory Authority (RURA) issued a statement reminding radios and TVs that it is an obligation to pay royalties. “Anyone who contravenes with the provisions of the law is subject to copyright infringement and administrative sanctions,” the statement reads in part. How applicable is paying royalties in Rwanda? Kwitonda explained that paying royalties is not a complex procedure as many may assume because it has already started to happen since 2019. “We were interfered with by Covid-19 but last year, we managed to pay Rwf100,000 each to over 80 artists who had registered. Besides, in some countries, strict regulations and institutions are put in place to correct royalties, so it is doable,” he said. Martin Maniraruta, commonly known by his stage name, Mani Martin, was among the artists who received their royalties in 2019. He also receives royalties from media houses that use his songs outside Rwanda such as Voice of America and BBC. Mani Martin thinks that the only issue is people’s mindset that local music is played for promotion rather than value. “Music is a business and it is consumed in our daily life, our people should bear it in mind that when you enjoy and use music in any way you are actually consuming someone’s products in which they have invested financially, intellectually and emotionally. Rwandans are no exception,” he said. Talking about Rwandans’ mindset towards right to intellectual property, Alex Muyoboke, an experienced music promoter, opined that lack of understanding among artists themselves and consumers is the fundamental issue. “I think the problem is twofold; artists still think they live by the favor of consumers who also don’t see how basic art and music is. I hope the more we talk about the problem, the more people will understand,” he said. It is not the first time for artists to sue institutions over consuming their intellectual properties without paying. In 2013, Cecile Kayirebwa, a renowned traditional singer, took out to court a probe against some media houses in Rwanda for using her songs without her permission. The then ORINFOR (currently Rwanda Broadcasting Agency) and Radio Isango Star were found guilty and paid over Rwf8 million to the musicians.

News

Musicians sue hospitality outlets over unpaid royalties