In a brewing legal battle, the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) has accused the Kenya Association of Music Producers (KAMP) and the Music Copyright Society of Kenya (MCSK) of unauthorised invoicing and collection of royalties.
According to a letter sent by PAVRISK’s legal representatives, Morris Maina & Co. Advocates, the two societies have been “misleading and misrepresenting to the members of the public the existence of Joint Operations” with PAVRISK, formerly known as the Performers Rights Society of Kenya (PRISK).
The letter states that KAMP and MCSK have been fraudulently obtaining money from users by directing them to deposit royalties into MCSK’s revenue collection account, “without our Client’s knowledge and/or authority and in disregard of the Termination of Joint operations as communicated to you vide our letter of 10th June 2024.”
The dispute stems from a recent judgment by the Copyright Tribunal on September 3, which dismissed the Kenya Copyright Board’s decision (KECOBO) decision to register PAVRISK as the sole Collective Management Organization (CMO) to collect and distribute royalties on behalf of artists.
However, the High Court stayed the Tribunal’s judgment in the interim, meaning KECOBO’s original decision to register PAVRISK as the sole CMO to manage royalties stands.
“Be advised that invoicing users of copyrighted works and making royalty collections thereof without lawful authority constitutes an offense under the Copyright Act,” the letter warns KAMP and MCSK.
It further states that the use of PAVRISK’s logo, which is a registered trademark, without authorization “shall attract appropriate legal action” if continued.
The letter demands that KAMP and MCSK immediately “cease and desist from any further invoicing, collection of royalties and use of our Client’s logo, name and address, which is without lawful authority.”
Copies of the letter have been sent to the Executive Director of KECOBO, as well as the chairpersons of various industry associations, including the Pubs, Entertainment and Restaurants Association of Kenya (PERAK), the Medium Liquor Traders Association (MELTA), and the Retail Trade Association of Kenya (RETRAK).
The dispute highlights the ongoing tensions and complexities within Kenya’s music licensing and royalty collection landscape among the divided CMOs.
CMOs collect over 100 million annually in artiste royalties. According to MCSK CEO Ezekiel Mutua, the CMO has collected an average of Sh200 million annually in recent years which is a dip from the Sh600 million annual collections witnessed ten years ago
