Search Results for: PRiSK

Room for Judicial Review in Collective Administration of Copyright: High Court Judgment in Nakuru Pub Owners v. KAMP & PRISK

/ Victor Nzomo / 1 Comment

The High Court of Kenya sitting at Nakuru has recently handed down an interesting judgment in the case of Republic v Kenya Association of Music Producers (KAMP) & another Ex-Parte Nakuru Municipality Pubs, Bars, Restaurants and Hotel Owners Association (Suing Through Their Trustees) [2015] eKLR. A copy of the judgment is available here. In this … Continue reading Room for Judicial Review in Collective Administration of Copyright: High Court Judgment in Nakuru Pub Owners v. KAMP & PRISK

High Court Orders Government to Facilitate Copyright Tribunal in PERAK Case against KAMP and PRiSK

/ Victor Nzomo / Leave a comment

In a judgment delivered recently, the High Court in the case of Republic v Kenya Association of Music Producers (KAMP) & 3 others Ex- Parte Pubs, Entertainment and Restaurants Association of Kenya (PERAK) [2014] eKLR has ordered the State to set up the Competent Authority established under the Copyright Act to hear and determine the … Continue reading High Court Orders Government to Facilitate Copyright Tribunal in PERAK Case against KAMP and PRiSK

From PRSK to PRISK: A Tale of Two Societies

/ Victor Nzomo / 1 Comment

It has been a landmark week for performers in Kenya, with the proposed enactment of amendments to Section 30 which deals with performers rights and essentially guarantees the continued existence of the collecting society representing performers. The Performers Rights Society of Kenya abbreviated as “PRSK” has decided to change its abbreviation to “PRISK”. The inclusion … Continue reading From PRSK to PRISK: A Tale of Two Societies

High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

/ Victor Nzomo / Leave a comment

This blogger has come across a recent judgment in the case of Mercy Munee Kingoo & Anor v. Safaricom Limited & Anor [unreported] Malindi High Court Constitutional Petition No. 5 of 2016 delivered by Mr. Justice S.J Chitembwe on 3rd November 2016. At the heart of this Petition was the claim that section 30A of … Continue reading High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

Oh, the Irony: President Usurps Role of Legal Advisor to Make Illegal Kenya Copyright Board Appointment

/ Victor Nzomo / Leave a comment

Where to begin? Section 6(a) of the Copyright Act states that the Board of Kenya Copyright Board (KECOBO) shall consist of “a chairman, who shall be appointed by the Minister from amongst the members of registered copyright societies”. The Copyright Act as read with the Interpretation and General Provisions Act defines “Minister” as the Attorney-General … Continue reading Oh, the Irony: President Usurps Role of Legal Advisor to Make Illegal Kenya Copyright Board Appointment

Devil in the Details of Joint Collection of License Fees for Musical Works and Sound Recordings

/ Victor Nzomo / 1 Comment

Last week, the ever-busy Kenya Copyright Board (KECOBO) published a public notice stating that it had approved the renewals of registration as collecting societies for Music Copyright Society of Kenya (MCSK), Kenya Association of Music Producers (KAMP) and Performers Rights Society of Kenya (PRiSK) for the period January 1st to December 31st 2016. According to KECOBO, … Continue reading Devil in the Details of Joint Collection of License Fees for Musical Works and Sound Recordings

Uncertain Future for Reprographic Rights in Kenya as KOPIKEN Collecting Society Registration Not Renewed

/ Victor Nzomo / Leave a comment

In a public notice by Kenya Copyright Board (KECOBO) published on February 4th 2016, we are informed that KECOBO at its Board Meeting of January 28th 2016 considered the application for renewal of registration as a collecting society made by the Reproduction Rights Society of Kenya (Kopiken). After consideration of Kopiken’s application, KECOBO decided not … Continue reading Uncertain Future for Reprographic Rights in Kenya as KOPIKEN Collecting Society Registration Not Renewed

Kenyans Pay Three Times More Than South Africans to Use Sound Recordings: Lessons from Appeal Court Judgment in SAMPRA v. Foschini Retail Group & 9 Ors

/ Victor Nzomo / 2 Comments

Recently, Kenya Copyright Board (KECOBO) published on its website here the proposed 2016 collecting society joint tariffs for musical works, sound recordings and audio-visual works. A copy of these joint tariffs is available here. In order to ensure public participation before the approval of these tariffs, KECOBO will convene an open half-day public forum to be held next week on … Continue reading Kenyans Pay Three Times More Than South Africans to Use Sound Recordings: Lessons from Appeal Court Judgment in SAMPRA v. Foschini Retail Group & 9 Ors

Copyright Regulations Amended and Collecting Societies’ Tariffs Gazetted

/ Victor Nzomo / Leave a comment

Most IP observers will concur that in the recent past the related rights collecting societies namely Kenya Association of Music Producers (KAMP) and Performers’ Rights Society of Kenya (PRiSK) have done exceedingly well for themselves in the area of legislative and policy reforms by leveraging on the goodwill from Kenya Copyright Board (KECOBO). As a … Continue reading Copyright Regulations Amended and Collecting Societies’ Tariffs Gazetted

Legality of Equitable Remuneration Challenged: High Court Petition of Xpedia & 4 Ors v. Attorney General & 4 Ors

/ Victor Nzomo / 1 Comment

Editor’s Note: On 31st July 2015, the urgent application in this Petition No.317 of 2015 dated 29th July 2015 was heard and certain interim orders were granted. A copy of the orders is available here. This blogger has confirmed a recent media report that two content service providers and three copyright owners have jointly filed … Continue reading Legality of Equitable Remuneration Challenged: High Court Petition of Xpedia & 4 Ors v. Attorney General & 4 Ors