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 result, KAMP and PRiSK have been the major beneficiaries of consecutive amendments to the Copyright Act and Copyright Regulations in 2012, 2014 and now 2015.
Recently, the Attorney General made Copyright Amendment Regulations which expressly deal with the private copying levy or blank tape levy payable to KAMP and PRiSK under sections 28 and 30 respectively of the Copyright Act. In addition, the Attorney General has also recently approved and gazetted the tariffs to be used by KAMP and PRiSK to collect royalties from various categories of users including broadcasters, telecommunications companies, service providers, business premises and vehicles both public as well as corporate.
With the road fully paved for KAMP and PRiSK, this blogger expects that the related rights societies will aggressively embark on countrywide licensing and royalty collection campaigns. In this regard, the more established authors’ society, Music Copyright Society of Kenya (MCSK) provides a good example of the legal and regulatory pitfalls to avoid in the context of collective administration of copyright and related rights.
A copy of the gazetted amendments to the Copyright Regulations and the gazetted tariffs for KAMP and PRiSK is available here.