Kenya: KAMP secures second win over KECOBO

This comes after the Copyright Tribunal declared the decision by the Kenya Copyright Board (KECOBO) to license the Performing and Audio Visual Rights Society of Kenya (PAVRISK), formerly the Performers Rights Society of Kenya (PRISK), as the sole collective management organisation (CMO) null and void.

The 3 September 2024 ruling follows a similar one issued by the tribunal chaired by Elizabeth Lenjo on 16 July.

Despite the ruling in July, KECOBO, on 2 August, maintained that PAVRISK remained the sole CMO, forcing KAMP to return to the tribunal.

“This important decision comes after a rigorous legal process in which the tribunal confirmed what we have consistently asserted: KECOBO's decision to grant PAVRISK exclusive rights as the sole CMO was fundamentally flawed and biased,” KAMP chairperson Angela Ndambuki said.

“We direct KECOBO to invoke Section 46 (3A) of the Copyright Act and issue provisional renewals/extensions of licences to each of the three CMOs for a period not exceeding six months, and engage all the three CMOs with the view of completing the applications and/or rectifying, as appropriate, any identifiable administrative shortfalls,” the ruling stated.

“Our victory today is not just a triumph for KAMP but for the entire music industry. The tribunal’s judgement underscores a crucial message that our legal system is equipped to correct injustices and uphold the principles of fairness and transparency,” KAMP CEO Maurice Okoth said.

“This ruling is a testament to the strength of our legal arguments and the validity of our concerns regarding KECOBO’s biased practices. The ruling is a significant step forward. However, our mission is far from over and we remain committed to ensuring that KECOBO and other regulatory bodies adhere to the highest standards of accountability, fairness and transparency. We call on KECOBO to reflect on this judgment, respect the rule of law, and immediately implement necessary reforms to avoid future biases and missteps”

The Music Copyright Society of Kenya (MCSK) has also welcomed the ruling, terming it timely.

“We have long understated that the CMOs are private entities and the government had no business interfering in CMOs," the MCSK CEO Ezekiel Mutua said. “We welcome this ruling wholeheartedly knowing that MCSK and all CMOs have been vindicated.”

Mutua added that the legal battles between KECOBO and CMOs had cost the industry millions, with the CMOs having not received millions owed to them from clients as the decision of who to get paid remained in limbo.

On 10 April, KECOBO invited companies with appropriate competencies to collect and distribute royalties to apply for a licence. It received applications from the MSCK, KAMP, PAVRISK, Film Makers Rights Achievers of Kenya, and Collective Management Services.

During a special meeting held on 6 June to deliberate on the licensing of CMOs, the KECOBO board awarded a one-year licence to PAVRISK, and instructed it to begin royalty collection immediately. However, PAVRISK will not manage publishing and film-producer rights for the time being.

The decision was opposed by KAMP and the MCSK, which separately filed a petition against KECOBO over the matter.

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