National Assembly Passes Bill to Protect Artist's Rights and Curb Scrap Metal Theft

Nairobi, 

Wednesday, 20 November, 2024

McCreadie Andias 

The National Assembly has approved the Statute Law (Miscellaneous Amendments) Bill, 2023, introducing significant changes to the Copyright Act, 2001, and Scrap Metal Act, 2015, aimed at protecting artists’ rights and safeguarding national infrastructure.

Amendments to the Copyright Act

Lawmakers removed Section 30AA, which proposed a 50-50 revenue-sharing formula for performers and producers, arguing it excluded other contributors to sound recordings.

“We have ensured no single provision overrides the rights of all stakeholders. The creative industry needs a balanced and inclusive approach,” said Hon. Daniel Wanyama, Chair of the Sports and Culture Committee.

Proposals allowing the Kenya Revenue Authority (KRA) to collect royalties and increasing licensing bureaucracy for collective management organizations were also struck out. "Royalties must be managed transparently but with minimal interference,” Hon. Wanyama added.

Hon. James Nyikal emphasized the need for fair compensation for artists, noting, “Artists form the backbone of our culture and economy. We must ensure they receive just rewards without unnecessary bottlenecks.”

Strengthening the Scrap Metal Act

To combat rampant scrap metal theft targeting critical infrastructure like transformers and railway tracks, the bill revised the definition of "scrap metal" and introduced stricter licensing regulations.

“By clarifying definitions, we are closing loopholes that vandals exploit to plunder national assets,” said Hon. Kimani Ichung’wah, Leader of the Majority Party. He also highlighted the importance of protecting installations made from critical materials like aluminium and platinoid alloys.

The amendments restrict the export and import of scrap metal, granting authorization powers to the Cabinet Secretary for Industrialization under strict conditions. However, lawmakers emphasized limiting executive discretion to avoid abuse. “Where discretion is given, the tendency to misuse is compelling. This bill strikes that balance,” said Hon. (Dr.) Ojiambo Oundo.

The Assembly also expanded the Scrap Metal Council to include Principal Secretaries for Finance and Internal Security, reinforcing oversight and policy formulation.

“These changes send a strong message to vandals: our national infrastructure is not for sale,” added Hon. Marianne Kitany, Vice Chair of the Trade and Industries Committee.

The amendments mark a significant step toward supporting the creative industry while protecting public assets and ensuring economic growth.