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The Copyright Tribunal has nullified the Kenya Copyright Board's (KECOBO) decision to license the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) as the sole Collective Management Organization (CMO) for relevant copyright owners.
The Tribunal found that KECOBO had not satisfactorily demonstrated that its consideration of the applications by the Kenya Association of Music Producers (KAMP), the Music Copyright Society of Kenya (MCSK), and PAVRISK adhered to the Kenya Copyright Act, the Copyright Act of Collective Management Regulations, 2020, and other applicable laws.
Consequently, KECOBO's August 2, 2024 decision to appoint PAVRISK as the sole CMO under Registration Number KE 01 has been declared null and void.
The judgment issued on 3rd September, comes after KECOBO's controversial move on June 6th, to grant PAVRISK the sole certificate for royalty collection.
KECOBO Chairman Joshua Kutuny had previously announced the immediate closure of all accounts used by MCSK, KAMP, and the Performers Rights Society of Kenya (PRISK) for royalties collection.
He claimed the daily revenue had risen significantly from Sh600,000 to Sh1.2 million following PAVRISK's appointment.
However, the Tribunal's review revealed that all three organizations - KAMP, MCSK, and PAVRISK - appeared to have failed on multiple evaluation criteria. Recognizing the need to balance public interest with the rights of copyright owners, the Tribunal has directed KECOBO to invoke Section 46(3A) of the Copyright Act.
This direction requires KECOBO to issue provisional renewal or extensions of licenses to all three CMOs for a period not exceeding six months.
During this time, KECOBO is tasked with engaging the three CMOs to complete their applications and rectify any identifiable administrative shortfalls.
The judgment, signed by the Chairperson of the Tribunal, Elizabeth Lenjo also stipulates that all parties shall bear their costs in the suit before the Copyright Tribunal.
This decision marks a significant shift in the management of collective rights in Kenya's creative industry. It underscores the importance of adherence to legal frameworks in the licensing process and highlights the complex balance between regulatory oversight and the interests of copyright owners.
The six-month provisional period now opens a window for KAMP, MCSK, and PAVRISK to address their application shortcomings, potentially reshaping the landscape of collective management in Kenya's copyright sector.
It also puts on hold KECOBO's plans for a unified collection system under PAVRISK, which aimed to increase daily collections to Sh3 million through enhanced transparency and accountability measures.
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