The Kenya Copyright Board (KeCoBo) on Wednesday issued provisional licenses to the Music Copyright Society of Kenya (MCSK) to allow the agency to collect royalties.
KeCoBo had in January 2023 declined to renew the license on grounds that it could not ascertain the Collective Management Organisation's (CMO) ability to manage royalties for authors, composers, arrangers, and other artists.
In a statement, new KeCoBo Chairperson Joshua Kutuny said that the new licenses will be effective for a period of 6 months beginning Wednesday, November 8.
“The Board was informed of the recent High Court decision on Constitutional Petition No. E161 of 2023 in which the court nullified the CMO licenses earlier issued by the management,” read the statement in parts.
“To ensure operationalization of CMOs and smooth collecting and distribution of royalties, the Board hereby under Section 46 3(A) of the Copyright Act issue provisional licenses to the 3 CMOS, Kenya Association of Music Producers, Performers Rights Society of Kenya and Music Copyright Society of Kenya effective today for a period of six (6) months,“ the statement further read.
Kutuny, the new chairperson, further stated that within the stipulated period, the agencies, including MCSK, will be required to comply with the provisions of the MOU they signed with the government and comply with the provisions of the CMO Regulations 2020.
Marking his first media briefing since taking over the office, Kutuny commented that the organisation is set to ratify copyright treaties to make them beneficial to Kenyan creatives.
Kutuny also promised to work with relevant stakeholders to enhance the collection and distribution of royalties.
The new appointee is also looking forward to launching capacity-building programs to allow Kenyans to harness their creativity and earn from their content creation skills.
The High Court sitting in Nairobi had on November 6 nullified the three CMOs licenses earlier issued by KeCoBo.
While delivering its ruling, the court observed that the licenses were issued without a legally constituted board and accused Parliament of interfering with KECOBO’s operations, arguing it was contrary to the law.
The court further prohibited KECOBO from processing or issuing certificates of renewal of registration for a Collective Management society to any interested parties without a decision made by a legally constituted board of directors of KECOBO.
