The Reproduction Rights Society of Kenya

Kopiken, The Reproduction Rights Society of Kenya

Viking House 3rd Floor Westlands
P. O. Box 44265-00100
Nairobi
00100
Kenya
Phone: +254-020-4442844
Fax: +254-020-4442844
Email: admin@kopiken.or.ke
web: http://www.kopiken.org

Chief Executive:
General Manager : Mrs Sharon Chahale-Wata
Chief Executive Phone : +254 722 694090
Chief Executive Email : chahale@kopiken.or.ke

KEY REPRESENTATIVES
Chairman : Prof. Henry Indangasi
E-Mail : hindangasi@uonbi.ac.ke
Phone : +254721584621
Vice- Chairperson : Dr. Vicky Khasandi-Telewa
E-Mail : khasandi@yahoo.com
Phone : +254713745004

HISTORY OF ORGANISATION
History of the organisation : Kopiken- the Reproduction Rights Society of Kenya is the sole RRO collecting in the area of reprographic rights in Kenya. The idea of forming Kopiken was spearheaded in the early 1990s by a Kenyan publisher and it was registered in 1994 as a collecting society under the Societies Act of the Laws of Kenya. However, for various reasons, the organization became inactive round about 1997/1998, and Kenya Publishers Association (KPA) took over the organization in a caretaker capacity. KPA started the process of reviving Kopiken again in 2004. By this time the Copyright Act in Kenya had been amended and to the Copyright Act of Kenya 2001. Kopiken was then registered under this new Act as a company limited by guarantee in Dec. 2005. It began setting up in 2006 and operations took off in 2007. Kopiken made its first collections in copy shops in 2007. Its first distribution to members was in 2008. KOPIKEN derives its mandate partly from the Kenya Copyright Act 2001 which provides the mandate for the setting up of collecting societies. Also from the new Kenya Constitution 2010 which provides for respect of intellectual property. It also draws its mandate from its membership which is made up of rightsholder associations, rather than individual authors and publishers.
Year of incorporation : 2005
Year of first collection : 2007
Year of first distribution : 2008

ORGANISATION
Composition of Board
Total number of Board Members : 7
How are Board Members elected : One from each member association, the general manager and may have a consultant director
Total number of Author Representatives :6
Total number of Publisher Representatives :1
Remarks about the Board : According to our MEMARTS of incorporation Kopiken may elect a consultant director who is versed in matters copyright to sit on the board. The last one resigned when he joined the Kenya Copyright Board. The 7 Board members elect a chairman and a vice chairperson to chair the board.

Members:
Total number of Member Associations : 7
Total Publishers' Associations :1
Total Creators' (authors and visual artists) Associations:6
Total Rights holders represented : 7
Remarks about the members : Kopiken represents rightholders that include; (i ) Authors (creators of works) – Kopiken represents them through their respective association which include; (a) KENFAA- Kenya Non Fiction Authors Association; this is an association of non-fiction writers and translators who have published at least 100 pages works comprising of books, periodicals and professional & scientific journals. The association seeks to promote and protect the interests of non-fiction authors in Kenya and beyond. (b) WAK- Writers Association of Kenya; This is an association of writers in Kenya, who have published creative literary works such as poems, short stories, novels, plays, biographies, autobiographies and memoirs, literary criticism and other kinds of literary scholarship. Its main objective is to encourage and promote writing in Kenya. (c) KOLA- Kenya Oral Literature Association; this is a professional association of researchers, scholars in Kenyan universities and oral artists. Its basic objective is to advance the study of orality and oral literature as a means of community appraisal through research publication, workshops, conferences & performances. (d) KUJ – Kenya Union of journalists; An association of persons engaged in journalistic works in Kenya, whose main objective is to raise the status of journalism in Kenya. (ii) Artists & Visual Creators – Kopiken represents this group through their Association KAPIDE- Kenya Association of Photographers Illustrators & Designers; This association represents photojournalists, illustrators & designers and its main objective is to advance photojournalism, illustration and design in all their forms in kenya and beyond. (iii) Song lyricists & writers of sheet music – Kopiken represents musicians through MCSK- The Music Copyright Society of Kenya. This is also a CMO in the area of music collecting royalties on behalf of composers, publishers or proprietor of music in Kenya. (iv) Publishers – Kopiken represents publishers in Kenya through the Kenya Publishers Association- KPA which is an association bringing together all companies. Organization or individuals engaged in book publishing in Kenya and its main objective is to encourage the widest possible spread of printed books throughout Kenya and beyond. (v) International Rightholders – Kenya is a signatory to The Berne Convention for the Protection of Literary and Artistic Works, an international agreement governing copyright first accepted in 1886. This convention under Article 5(1) and 5(2) establishes the principle of national treatment for works protected by copyright. As a general matter, the principle of national treatment means that under a nation’s laws, a foreigner enjoys no lesser rights and benefits than a citizen of that nation receives, subject to the specific terms of the relevant international conventions. In copyright terms, it means, for example, that a British work for which copyright enforcement is sought in the Kenya would be treated under Kenyan law exactly as if it were a Kenyan work.. Kopiken therefore in pursuant to this principle protects foreign works in Kenya s it protects local works. However, Kopiken has gone a step further in signing bilateral agreements with other countries/ collecting organizations to ensure that the mandates are solid. Kopiken has Bilateral agreements with the following countries so far; Authors Licensing Collecting Society- UK, Jamaica, Trinidad & Tobago, Newzealand, Philippines, Singapore, Tanzania, India, Mauritius, Nigeria, Norway, Korea, Uganda, Malawi. Many others are in progress.

DATES OF FINANCIAL YEAR January 1 - December 31

MODEL OF RRO OPERATION

Type of National legislation :

Civil law : No
Common law : Yes
Other Law: International Conventions & Treaties to which Kenya is a signatory.

Licensing system:
Voluntary Licencing schemes, without any form of back-up in Copyright Laws

LICENCES
Reprographic licences
Types of works licensed : All types of published material
Types of uses licensed (including, where applicable, course packs, document delivery): 1. Copy shops 2. Educational Institutions NB: Not yet ventured to other users
Types of institutions/sectors licensed : 1. Universities 2. Technical Training Institutes 3. Colleges 4. Professional schools of training e.g. Law school


Other Licences
Public Lending Rights : No


DISTRIBUTION
Outline of Distribution plan and methodology used : So far equal distribution has been done to all the memebrs. The distribution method that was created is yet to be applied.
Title-specific distribution : No
Non title-specific distribution : Yes
Both title-specific distribution and non title-specific distribution : No
Full reporting : No
Sampling : No
Statistical surveys : No
Objective availability : No
Possibility to be copied : No


AGREEMENTS
Number of Bilateral agreements type B : 13
Bilateral agreements type B with : KOPINOR,CLL,TTRRO,REPRONIG,JAMCOPY,MASA, KOPITAN, IRRO, CLASS, DALRO, FILCOS, ZARSSO, KORRA,

FINANCIAL DATA


Total amount collected for all licensing :
KES 1,478,250.00 (+/- EUR 12,611.55)

Total amount collected for reproduction licensing :
KES 1,478,250.00 (+/- EUR 12,611.55)

Total amount collected nationally for reproduction licensing :
KES 1,478,250.00 (+/- EUR 12,611.55)

Total amount received for licensing from other RROs world-wide :
KES 0.00 (+/- EUR 0.00)

Total amount distributed to national rightsholders :
KES 707,786.00 (+/- EUR 6,038.41)

Total Amount distributed to foreign RROs :
KES 186,260.00 (+/- EUR 1,589.06)

Total amount distributed from all licensing :
KES 707,786.00 (+/- EUR 6,038.41)


The exchange rate of 1 January 2014 was applied, being EUR 1= 117.2140 KES

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