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

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

Remuneration Rights vs. Exclusive Rights: IFPI, SCAPR, Kenya Copyright Board Clash over Removal of Section 30A

The International Federation of Musicians (FIM) reports that powerful record label umbrella body International Federation of the Phonographic Industry (IFPI) has written to Kenya Copyright Board (KECOBO) demanding the removal of Section 30A of Kenya Copyright Act. (See our previous discussions of section 30A here) According to FIM, the criticism of section 30A by IFPI … Continue reading Remuneration Rights vs. Exclusive Rights: IFPI, SCAPR, Kenya Copyright Board Clash over Removal of Section 30A

Revisiting Section 30A of the Copyright Act: Right to Equitable Remuneration for Performers and Producers

“For many years Kenyan composers and authors have received royalties from the broadcast or public performance of their songs. These royalties are collected by the Music Copyright Society of Kenya (MCSK). The Copyright Act has since been amended to acknowledge the essential contribution of performers and producers of sound recordings in the creation of recorded … Continue reading Revisiting Section 30A of the Copyright Act: Right to Equitable Remuneration for Performers and Producers

High Court Judgment on Caller Ringback Tones, Definition of Public Performance and Regulation of Collecting Societies

Previously we reported here that several members of Music Copyright Society of Kenya (MCSK) had filed a case in the Commercial Division of the High Court challenging a license pertaining to the caller ringback tones (CRBT) service known as “Skiza Tunes” owned by mobile network operator, Safaricom issued by the three music collective management organisations … Continue reading High Court Judgment on Caller Ringback Tones, Definition of Public Performance and Regulation of Collecting Societies

High Court Judgment on Constitutionality of Equitable Remuneration Right and Copyright Collective Management

  Previously we reported here that two content service providers and three individual copyright owners had filed a constitutional petition at the High Court challenging the content of the equitable remuneration right in section 30A of the Copyright Act, the application and implementation of section 30A by the collective management organisations (CMOs) and the manner … Continue reading High Court Judgment on Constitutionality of Equitable Remuneration Right and Copyright Collective Management

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

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

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

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

The Copyright (Amendment) Act 2014: The Good, the Bad and the Ugly

This blogger has received official confirmation that the Statute Law (Miscellaneous Amendments) Bill, 2014 passed by the National Assembly on 13/08/2014, was assented to by the President of the Republic on 28/11/2014 thereby bringing the Copyright (Amendment) Act 2014 into force. The Bill has effectively amended four sections of the Copyright Act, namely sections 22, … Continue reading The Copyright (Amendment) Act 2014: The Good, the Bad and the Ugly

The Lupita Factor as Kenya Prepares to Celebrate World Intellectual Property Day 2014

The theme selected by the World Intellectual Property Organisation (WIPO) for this year’s World Intellectual Property (WIP) Day celebrations, “Movies – a Global Passion”, could not be a better fit for Kenya. From an intellectual property (IP) perspective, there appears to be a renewed focus on the audio-visual industry (television and film) in Kenya, culminating … Continue reading The Lupita Factor as Kenya Prepares to Celebrate World Intellectual Property Day 2014

Amalgamation of Collecting Societies, Compulsory Licensing and the Role of the Copyright Tribunal

Currently, copyright and related rights licensing within the music industry generates approximately Kshs 308 million in total. From this total income, MCSK takes home over 80% with the remaining 20% shared between the related rights CMOs: KAMP and PRiSK. If you ask any of the CEOs of these three CMOs (pictured above), they will tell … Continue reading Amalgamation of Collecting Societies, Compulsory Licensing and the Role of the Copyright Tribunal