The Music Copyright Society of Kenya (MCSK) has faced a legal blow after the High Court ruled against its bid to continue collecting royalties for its members.
Court Ruling on MCSK’s Petition
On Monday, March 3, 2025, Lady Justice J.W. Mong’are dismissed MCSK’s petition, stating that, under the Copyright Act, such disputes should first be addressed by the Copyright Tribunal. The ruling effectively strips MCSK of its authority to operate as a Collective Management Organisation (CMO).
In a public notice, the Kenya Copyright Board (KECOBO) confirmed that MCSK no longer has the mandate to collect royalties, advising music users accordingly.
KECOBO’s Directive
Following the ruling, KECOBO has instructed MCSK to cease presenting itself as a licensed CMO. The Board also noted that it is handling other legal matters related to CMO licensing and will provide updates in due course.
KECOBO previously granted licensing rights to the Performing and Audiovisual Rights Society of Kenya (PAVRISK) in June 2024. However, this decision was later revoked by the Copyright Tribunal in case COPTA/E002/2024, with an appeal now pending before the High Court.
Legal Implications for Unauthorized Royalty Collection
KECOBO has warned that, under Section 46 (12) of the Copyright Act, anyone collecting royalties without proper authorization is committing an offense, punishable by fines or imprisonment.
The Board has urged stakeholders in the creative industry to remain patient as the government works to establish a more transparent and efficient royalty collection system.
Impact on Musicians
MCSK has long been criticized for alleged mismanagement and lack of transparency in royalty distribution. While the ruling aims to regulate the sector, it leaves musicians uncertain about when and how they will receive their earnings. The next steps taken by KECOBO and the courts will shape the future of royalty collection in Kenya.