The government through the Kenya Copyright Board (KECOBO) has cautioned Kenyans against remitting royalties to the Music Copyright Society of Kenya (MSCK) as the latter does not have the authority to collect the funds.
According to KECOBO, the move follows a ruling by the High Court in Nairobi, dated March 3, which declined an application by MCSK to continue collecting royalties on behalf of its members.
Lady Justice Josephine Mong'are dismissed the petition by MCSK on the grounds that the court lacked jurisdiction to hear and determine the matter.
KECOBO, in a statement on Wednesday, March 5, directed MCSK to immediately stop presenting itself to members of the public and music users as a Collective Management Organisation (CMO).
"Following the court ruling, the Kenya Copyright Board wishes to inform the general public and all music users that MCSK does not have authority to collect royalties as a Collective Management Organization (CMO)," KECOBO declared.
"MCSK is further directed to forthwith cease from presenting itself to the public and music users as a licensed CMO. The Board is pursuing other matters pending before the courts relating to the licensing of CMOs, and shall inform the public upon determination," it added.
Besides MCSK, KECOBO also cautioned Kenyans against paying royalties to Performing and Audio Visual Rights Society of Kenya (PAVRISK), as the latter’s license was revoked in 2024.
The copyright board emphasised that despite revoking PAVRISK’s license last year, the decision was challenged in court and is yet to be heard and determined.
While addressing Kenyans, KECOBO sent a stern warning to entities and individuals collecting royalties from users without its authority, noting that they risked prosecution.
According to the copyright board, such fraudulent individuals or institutions are liable to a fine or a jail term upon conviction for contravening Section 46 (12) of the Copyright Act.
"Take notice that under Section 46 (12) of the Copyright Act, any person who purports to collect royalties from users without the authority of Kenya Copyright Board commits an offense and is liable to a fine or a jail term upon conviction," the copyright board warned.
"We urge the public to be patient as the Government works towards streamlining the sector for the good of all Creatives," the statement by KECOBO read further.
