Kinyozi and Salons Face Ksh800,000 Fine for Playing Music Without License

The Performing and Audio-Visual Rights Society of Kenya (PAVRISK) has issued a warning to businesses using copyrighted materials without a license.

In a statement on June 18, PAVRISK said using music, film, or audiovisual works in a business without a copyright license is a crime punishable under the Copyright Act, 2001 (Cap 130), Laws of Kenya.

The Society stated that individuals operating shops, kinyozi (barber shops), salons, hotels, bars, restaurants, private clubs, motels, malls, cinemas, cybercafés, hospitals, clinics, SACCOs, banks, DJ services, radio stations, and TV stations must obtain a Unified Copyright License (UCL).

The UCL is also required for roadshows, events, amusement parks, political campaigns, music schools and aircraft.

“Even background music and audiovisual displays require a license,” PAVRISK said.

Offences Under the Copyright Act

Section 46(2) of the Kenya Copyright Act empowers licensed CMOs to collect royalties for copyrighted works.

The Kenya Copyright Board (KECOBO) has authorised PAVRISK to issue Unified Copyright Invoices, Licenses, and enforce payment.

Some of the offences under the Copyright Act, 2001 (Cap 130) include making for sale or hire any infringing copy; selling, letting for hire, or offering or exposing for sale or hire any infringing copy in the course of trade; and distributing infringing copies.

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It is also an offence to possess any infringing copy other than for private and domestic use, or to import such a copy into Kenya for purposes other than private and domestic use.

Additionally, making or possessing any device or contrivance intended to be used for the production of infringing copies constitutes an offence under the Act.

Fines and Other Punishment

According to the Act, a person convicted of an offence under this section shall be liable to a fine not exceeding Ksh400,000, or to imprisonment for a term not exceeding six years, or to both in the case of a first conviction.

In any other case, they will be charged a fine not exceeding Ksh800,000, or imprisoned for a term not exceeding ten years, or both.

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The Act outlines the punishment for a person who causes a literary or musical work, an audiovisual work, or a sound recording to be performed in public at a time when copyright subsists in such work or recording, where such performance constitutes an infringement of that copyright

Any person guilty of an offence under subsection is liable to a fine not exceeding Ksh500,000, or to imprisonment for a term not exceeding four years, or to both.

How to Comply Via PAVRISK

Businesses can dial *553# or visit license.pavrisk.or.ke to apply for the license.

They can also reach out to PAVRISK through WhatsApp numbers 0781 721 721 and 0732 721 721 or sent email through [email protected] and [email protected].

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