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"id": 1564087,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564087/?format=api",
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"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "multi-faceted nature of jurisdictions makes it impossible for creatives to get more money or adequate resources that are commensurate to the products that they give in the marketplace. The industrial policies that affect collaboration as well as technology across our borders are generally ambiguous and vague. In Ireland where Facebook is based, our laws do not apply hence we have no power to make sure that our creatives can earn from such a place. I have come to learn that there are constant reviews on legal frameworks and multi-stakeholder engagements emerging all over the world. Our creatives at times find themselves in platforms made in the United States of America and China and the legal frameworks in those countries are so complex. The constant reviews cannot happen when you pass one law that deals with issues of royalties. If you look at royalties in the music industry, you will realise that there are many intermediaries that affect how creatives end up earning. We have many record labels, publishers and performance rights organizations within our borders. This makes it difficult for young people in the music industry together with those in other industries that have the same intermediaries to get what belongs to them even if you are to pass one single law on royalties. Mr. Speaker, Sir, in music, film and performing arts, one is paid royalties according to rates, but the complexity of calculating those rates becomes a big issue. When calculating the rates, you will hear one talk of performance metrics, mechanical calculations or synchronization royalties, which is popular in music. At the end of the day, one does not know if the metric being used is fair enough for the industry in the field. At times, we do have what is called the medium of consumption. That is how people are consuming the piece of art that a creative has put in the market. That is what then determines the rates. This is complex and one law cannot deal with it because it will keep on changing its face."
}