The High Court of Kenya has banned the Music Copyright Society of Kenya (MCSK) from collecting royalties on behalf of its members.
In a statement issued by the Kenya Copyright Board (KECOBO), MSCK had submitted a petition in June 2024 to continue collecting royalties on behalf of its members.
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The court dismissed the petition, stating that in accordance with the Copyright Act, the issue should have been raised first with the Copyright Tribunal.
KECOBO Issues Warning to MCSK
“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 Organisation (CMO),” read the statement in part.
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The Copyright Board further directed MCSK to cease presenting itself as a Collective Management Organisation. It stated that it is pursuing other matters regarding licensing CMOs and would inform the public once they are determined.
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It further issued a warning to any organization that intends to collect royalties without proper authorization.
“Take notice that any person who purports to collect royalties from users without the authority of the Kenya Copyright Board commits an offense and is liable to a fine or a jail term upon conviction,” read another part of the statement.
KECOBO accused of stifling royalties
The copyright board urged members of the public and music users to be patient as the government works to streamline the sector for the good of the creatives.
In December 2024, the society accused the government of withholding over Ksh 300 million collected on behalf of Kenyan musicians in the form of royalties.
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The Music Copyright Society of Kenya chairperson Lazarus Muli blamed KECOBO for stifling the activities of MCSK. He called on President William Ruto to intervene.
“This is what has created tension and conflict. The money belongs to the musicians and should be released to them in full. The President’s intervention is critical to ensuring that musicians receive what is rightfully theirs,” he stated.
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