The Kenya Medical Association has opposed the latest directive by the Music Copyright Society of Kenya requiring health facilities to seek a music license to play copyrighted music in hospitals.
Earlier this year, the MCSK named hospitals among establishments that required a Unified Copyright License to play copyrighted music on their premises, including on waiting room TVs.
In a statement, the doctors' association argued that the provisions of the Music Copyright Society of Kenya (MCSK) Regulations 2025 had already been outlawed by the High Court and outlined several other reasons why the directive was unfair.
“The Kenya Medical Association (KMA), the national umbrella body representing doctors and healthcare professionals, acknowledges receipt of the notice on the new Music Copyright Society of Kenya (MCSK) Regulations 2025,” the statement read in part.
“After careful review, KMA must formally reject the regulations for the following reasons.”
One of these reasons was the fact that the Milimani Law Courts had prohibited the MCSK from levying medical facilities in Petition E076 of 2025, delivered on July 29.
“Any attempt to reintroduce these charges is therefore not only unfair but also unlawful and in direct contravention of a valid court ruling,” KMA lamented.
The association further claimed that the move would count as double taxation, as health facilities already pay substantial statutory and regulatory fees to the Kenya Medical Practitioners and Dentists Council (KMPDC) for licensing and compliance.
It further highlighted that health facilities could not be equated to entertainment venues like clubs or hotels as they only use music in limited, incidental contexts to support patient recovery and well-being, not for commercial gain.
As such, KMA termed MCSK’s move to categorise them together as not only unreasonable, but also inappropriate.
Charging hospitals could also risk the level of patient care if the directive is implemented, as the extra costs will ultimately divert resources away from direct patient care and service delivery, undermining the health sector's mandate to improve access and quality of care, according to KMA.
Lastly, the doctors decried the lack of sector-specific consultation, claiming that the omission overlooks the unique context in which healthcare facilities operate and fails to balance the rights of artists with the realities of essential service providers.
“In light of the above, KMA categorically rejects the implementation of these regulations on healthcare institutions. We further remind MCSK that compliance with the Milimani Law Courts ruling is mandatory,” KMA declared.
"We urge the Society to withdraw these regulations as they apply to medical facilities, and instead engage in a structured consultative process to develop a framework that protects artists' rights while respecting the legal, financial, and operational realities of hospitals."
To protect artists whose livelihood depends on royalties, the Kenya Copyright Board (KECOBO), in its meeting of April 4, directed the licensed Collective Management Organisations (CMOs), MCSK, the Kenya Association of Music Producers (KAMP), and the Performing and Audiovisual Rights Society of Kenya (PAVRISK), to collaborate on a joint licensing framework.
The framework requires music users in public spaces, including businesses, broadcasters, and transport operators, to acquire a valid joint license from MCSK.
The consolidated tariff for 2025–2028 is, however, currently under review following disagreements among the CMOs, particularly MCSK's objection to being excluded from the formulation process.
