In an age where intellectual property is increasingly recognized as both an economic asset and a moral right, it is untenable for institutions to continue operating as though creative work is a free, inexhaustible resource.
The Kenya Music Festival Foundation, long celebrated for nurturing artistic expression among learners, now finds itself at a crossroads. Its continued practice of compiling poems into official festival booklets – sold to schools across the country – without compensating the original authors raises serious ethical and legal concerns.
At the heart of this issue lies a fundamental contradiction. The festival exists to celebrate creativity, originality, and artistic excellence. Yet, by failing to remunerate poets whose work forms the backbone of its literary category, it inadvertently undermines the very values it purports to uphold. Poetry is not merely an academic exercise; it is intellectual labour, often born out of years of honing craft, emotional investment and cultural reflection. To appropriate such work without compensation is to diminish its value and by extension, discourage future creativity. It is an infringement on intellectual property rights.
The commercialization of festival materials makes the situation even more problematic. These booklets are not distributed freely; they are sold to schools, sometimes at significant cost, forming a revenue stream for the organizing body. This transforms what could be defended as educational use into a clear case of monetization. When an institution profits from creative content, it assumes an obligation – both moral and legal – to share that benefit with the creators. Even teachers who create these poems are forced to buy the booklets from Jogoo House.
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Globally, copyright frameworks are explicit on this matter. Intellectual property laws, including those recognized under the Kenya Copyright Board, protect literary works from unauthorized reproduction and commercial exploitation. Even where educational use is permitted under “fair dealing” provisions, this typically does not extend to systematic reproduction for sale. The current practice by the festival risks falling outside these protections, exposing it to potential legal challenges.
Beyond legality, there is the issue of precedent. Schools and students observe and internalize the norms set by national institutions. When a body as influential as the festival disregards the rights of creators, it sends a troubling message: that artistic labor can be consumed without acknowledgment or compensation. This is particularly dangerous in a country striving to build a robust creative economy. Kenya’s artists, writers and performers already contend with limited financial support and widespread infringement of their work. Institutional practices should aim to correct this imbalance, not reinforce it.
The irony is difficult to ignore. Students are taught to avoid plagiarism, to cite sources and to respect intellectual ownership. Yet, the same system that enforces these principles in classrooms appears to sidestep them at the institutional level. This inconsistency erodes the credibility of both the education system and the festival itself.
A more equitable approach is not only possible but necessary. The Kenya Music Festival Foundation could establish a transparent framework for sourcing and compensating poetic works. This might include commissioning poets directly, offering royalties based on booklet sales, or paying a one-time licensing fee for each selected poem. Such measures would not only ensure fairness but also elevate the quality of submissions, as poets would be incentivized to contribute their best work.
Furthermore, proper attribution must become non-negotiable. Every poem included in festival materials should clearly credit its author, along with publication details where applicable. This is a basic standard in literary publishing and serves both as recognition and as a learning tool for students.
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The role of the Kenya Music Festival Foundation headquartered at Jogoo House, is crucial in driving this reform. Policy direction, financial planning and ethical standards are all shaped at this level. A deliberate decision to prioritize intellectual property rights would signal a shift toward professionalism and respect within the arts ecosystem. It would also align the festival with international best practices, enhancing its reputation beyond Kenya’s borders.
Critics may argue that the festival operates within budgetary constraints and that compensating every contributor could strain resources. However, this argument overlooks the principle at stake. If an institution cannot afford to pay for the content it uses, it must reconsider its model – either by reducing the volume of material, seeking sponsorships or exploring partnerships with publishers. What it cannot do is transfer the cost burden onto creators by default.
There is also an opportunity here for leadership. By adopting fair compensation practices, the festival could position itself as a champion of artists’ rights in Africa. It could set a benchmark for other educational and cultural institutions, demonstrating that respect for intellectual property is not a luxury but a necessity.
Ultimately, this is not just about poets and payments. It is about the kind of society Kenya aspires to be – one that values creativity, upholds justice and rewards effort. The festival has, for decades, played a vital role in shaping young minds and celebrating talent. It now has an equally important responsibility: to ensure that the creators behind that talent are treated with dignity and fairness.
If the Kenya Music Festival Foundation truly believes in the power of the arts, it must begin by honouring those who create them. Anything less is not just an oversight; it is a contradiction that can no longer be ignored.
By Ashford Kimani
Ashford, a poet of long standing, teaches English and Literature in Gatundu North Sub-county and serves as Dean of Studies.
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