Why Join Prisk

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Rights & Royalties

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What is PRISK?
Performers Rights Society of Kenya (PRISK) is a collective management organisation licensed by the Kenya Copyright Board to represent performers in audio and audio-visual works. PRSK is hence a performer works licensing company appointed as a collecting society under Gazette Notice No. 12322 of 2009. PRSK is a non-profit company limited by guarantee whose mandate is to collect remuneration on behalf of the rights holders from various users of performers works and distributing royalties to those rights holders who comprise of both musicians and actors.
What are the Rights held by PRISK on behalf of its members?
PRISK’s mandate is to collect license fees from users who broadcast or communicate sound recordings and audiovisual works to the public.
PRISK collects for the performance rights in the sound recording and audiovisual works. Section 30A of the Copyright Act, Laws of Kenya states inter alia that if a sound recording is published for commercial purposes or a reproduction of such recording is used directly for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer and the producer of the sound recording shall be paid by the user through the respective collective management organization. PRISK further is mandated to administer blank media levy on behalf of audiovisual performers.
Why should I register with PRISK?

Some of the benefits that performers stand to enjoy by registering as members of PRISK include:

  • Receiving royalty payments when their works are played on radio, TV and other public places in Kenya.
  • Access to medical insurance scheme to cater for impatient medical expenses.
  • Access to the Social and Cultural Fund (This is subject to the rules and procedures laid out for the Fund)
  • No deduction of 50% of administration fee for royalty collection.
  • Receiving royalty payments on international plays of their works from other Collective
  • Management Organizations once PRISK enters into reciprocal agreements.
  • Attending training seminars that PRISK organizes form time to time in corporation with various stakeholders in the entertainment industry to sensitize performers on various issues that affect them.
  • Upcoming performers get a chance to interact with already established performers during meetings organized by PRISK, thereby getting advice on how to grow their careers.
  • Priority access to opportunities presented to musicians and actors as and when they arise.
  • Through PRISK performers have a unified voice to let their concerns and matters that affect them known to other institutions.
What do I require to register?

To register with PRISK you will need the following requirements:

  • Filled in application form
  • Filled in recording declaration form
  • Copy of commercially published recording; (The copy of the commercially public recording should be submitted in audio/Mp3 format )
  • One (1) passport size photograph
  • Copy of valid identity card/passport/birth certificate;
  • Copy of I-Tax Updated Kenya Revenue Authority PIN certificate
  • Copy of National identity card/passport/birth certificate for next of Kin;
  • Letters of administration from the courts of law if applying on behalf of a deceased person.
  • Three thousand shillings (KES 3,000), application fee.
If I am a member of MCSK, do I need to register with PRISK?
Yes. MCSK (Music Copyright Society of Kenya) and PRISK are two separate entities. MCSK collects for the copyright of authors, composers, publishers and arrangers. PRISK collects for the related right being the performance (singing or instrumentation) of the work. So if you are both a composer and performer registered with MCSK, you need to register with PRISK as well to enjoy the benefits of receiving your payments for both classes of your work.
What is KAMP-PRISK?
Kenya Association of Music Producers (KAMP) and PRISK are separate societies. Their constitutions, membership and guardianship of different rights and responsibilities are different. In order to get the most for their members in terms of facilities and strengths available, they started to work together and issue a single license to the users of sound recordings under the name of KAMP-PRISK.
Can performers join as a group?
Yes. Group registrations are permissible. However, it is important to note that each performer has an individual right, hence separate registration is encouraged.
As a Performer, which avenues can I use to earn income?

There are different avenues you may use to earn some income. Avenues where PRISK may play a direct role are:

  • Royalties collected from broadcasting stations for the use of your performance in a sound recording
  • Royalties collected from Public performances- when a recording is played in public e.g. Public Service Vehicles (PSV), Hotels, Restaurants, Clubs, Bars, Supermarkets, Banks, Cinema Halls, Shopping Malls, Music Stores, Road Show Organisers, Cyber Cafes, Saloons, Gymnasiums etc.
  • Royalties collected from Internet sales as a download, by streaming or as a mobile phone real tone.
  • Synchronisation- when a work is synchronised to visual images, video or film.
  • Blank media levies- this avenue being is still in the process of being incorporated in Kenya
  • Other avenues include Live performances & Sponsorship and branding
Are performers protected under any International Agreements?
Under the Copyright Act, a performer has the exclusive right to:

  • broadcast his performance except where the broadcast is made from a fixation of the performance authorized by the performer;
  • communicate to the public his performance except where the communication is made from a fixation of the performance or from broadcast of the performance authorized by the performer;
    make a fixation of a previously unfixed performance; and
  • reproduce a fixation of the performance in either where the performance was initially fixed without the authorization of the performer or where the reproduction is made for purposes different from those for which the performer gave his authorization.
  • rent for commercial purposes to the public, the original and copies of their fixed performances.
    distribution of a fixation of his performance or copies thereof, to the public.
  • the making available to the public of his fixed performance, by wire or wireless means in such a way that members of the public may access them from a place or a time individually chosen by them.
  • Further a performer has the right to equitable remuneration for use of sound recordings and audio visual works
How long does a performers right last?
Performers rights subsist from the date of publication of the sound recording or fixed performance until the end of the fiftieth calendar year following the year of publication.
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