All collective management organizations CMOs who collect royalties on behalf of artistes have until Oct 25th to register afresh, a move expected to restore normalcy in the industry and ensure gains for the local and international artists for their works in Kenya.
This follows a court ruling allowing the Kenya Copyright Board to carry out the process. In the High Court Judgement, Justice Anthony Mrima dismissed a petition by the Music Copyright Society of Kenya against Kenya Copyright Board (KECOBO) contending infringement and oppression. by the latter has been dismissed. He indicated that the Petition was premature and therefore could not stand, dismissing it with costs. “Having so found, there is no need of considering the other aspects of the objections raised as well as the application as that will not aid the Petitioner in any manner,” He said.
The Music Copyright Society had moved to court contending that they are not a Collective Management Organization (CMO) within KECOBO and that KECOBO was interfering with its operations in the guise of exercising oversight and control.
KECOBO opposed the allegations by demonstrating to the court how Music Copyright Society is an agent and can only be a CMO within the meaning of the Copyright Act.
In this light and according to the Kenya Copyright Board KECOBO, CEO Edward Sigei, previously registered CMOs will be subjected to a forensic audit soon and must demonstrate that they had complied with the previous year’s licence conditions and account for money received from local and international sources in the last three years. These CMOs must also provide verifiable member information.
“Members of operating CMOs and the public can raise any concerns or objections in writing on any operating CMO or on the process to KECOBO,” said Sigei in a statement.
In the same light, any entity seeking the CMO license must demonstrate adherence to good corporate governance, including holding elections, capacity to manage royalty efficiently and compliance to the Copyright Act and other statutory laws.
The Kenya Copyright Board will after licensing a suitable CMO, commence the review of the music licensing tariff.
The Kenya Copyright Board has also called on any interested CMOs who require further clarification on this order to reach out to the Board’s CEO in writing.
