The Crisis of Royalty Collection in West Africa and Lessons from Europe

The recent ruling by the High Court of Kenya blocking the Music Copyright Society of Kenya (MCSK) from collecting royalties has shaken the African creative economy. The court cited MCSK’s lack of a valid operating license and poor financial transparency. This legal challenge is not isolated to Kenya. Musicians in Ghana and Nigeria face similar struggles with their Collective Management Organizations (CMOs). These challenges threaten the livelihoods of artists who rely on royalties as a key income source.

This post explores the current state of royalty collection in West Africa, focusing on Ghana and Nigeria. It also highlights lessons from the European model that could help improve royalty systems and ensure artists receive fair payment for their work.

The West African Reality: Ghana and Nigeria

Ghana: A System Under Fire

In Ghana, the Ghana Music Rights Organization (GHAMRO) is the sole body mandated to collect and distribute royalties. Despite this, GHAMRO faces ongoing criticism from artists and industry stakeholders.

• Transparency Issues

Artists like Stonebwoy and Shatta Wale have publicly questioned why their royalty payments are often very low despite heavy airplay of their songs. This lack of clarity fuels distrust in the system.

• Outdated Tracking Methods

GHAMRO still relies heavily on blanket licenses rather than real-time data tracking. Without digital monitoring of radio and TV broadcasts, royalty distribution depends on estimates and guesswork, which disadvantages artists.

• Governance Problems

Similar to Kenya’s MCSK, GHAMRO has experienced leadership disputes and court injunctions. These internal conflicts have stalled operations and weakened the organization’s ability to serve its members effectively.

These challenges mean many Ghanaian artists struggle to earn fair royalties, despite their growing popularity and contributions to the music industry.

Nigeria: The Battle of Monopolies

Nigeria’s royalty collection landscape is complicated by rivalry between two main CMOs: the Copyright Society of Nigeria (COSON) and the Musical Copyright Society of Nigeria (MCSN).

• Legal Conflicts

The Nigerian Copyright Commission (NCC) has been involved in ongoing legal battles with these societies over who holds the right to collect royalties. This legal uncertainty creates confusion and delays in payments.

• Artist Frustration

Musicians often face delays or non-payment because of these disputes. The lack of a unified system means artists cannot rely on consistent royalty income, which undermines their financial stability.

• Fragmented System

The competition between COSON and MCSN has led to overlapping claims and inefficiencies. This fragmentation reduces the overall effectiveness of royalty collection and distribution.

The Nigerian experience shows how legal and organizational conflicts can harm artists and stall the growth of the creative economy.

What West Africa Can Learn from Europe

European countries have developed more efficient and transparent royalty collection systems. These models offer useful lessons for West Africa.

• Clear Licensing and Regulation

European CMOs operate under strict legal frameworks with clear licensing requirements. This reduces disputes and ensures organizations have the authority to collect royalties.

• Digital Monitoring and Data Collection

Many European CMOs use advanced technology to track music usage in real time across radio, TV, streaming platforms, and public performances. This data-driven approach improves accuracy in royalty distribution.

• Transparency and Accountability

European societies publish detailed reports on royalty collection and distribution. They maintain open communication with artists, building trust and reducing conflicts.

• Unified Systems

Countries like the UK and Germany have centralized CMOs that handle all types of music rights. This reduces fragmentation and simplifies the process for artists and users.

Adopting these practices could help West African CMOs improve their operations, increase artist confidence, and boost royalty payments.

Moving Forward: Strengthening Royalty Systems in West Africa

To protect artists and grow the creative economy, West African countries should focus on:

• Updating Legal Frameworks

Governments must enforce clear licensing rules and regulate CMOs to prevent unauthorized collections and ensure compliance.

• Investing in Technology

Implementing digital tracking systems will provide accurate data on music usage, enabling fairer royalty distribution.

• Improving Transparency

CMOs should publish regular financial reports and engage openly with artists to build trust.

• Resolving Organizational Conflicts

Encouraging collaboration or consolidation among competing CMOs can reduce legal battles and improve efficiency.

• Educating Artists

Musicians need better awareness of their rights and how royalties are collected and distributed.

By learning from Europe and addressing current weaknesses, West Africa can create a royalty system that supports artists financially and encourages creative growth.