NOTICE IS HEREBY given to the general public involved in BROADCASTING, COMMUNICATION TO THE PUBLIC, PERFORMANCE IN PUBLIC PLACES and MECHANICAL REPRODUCTION of copyrighted works THAT:-

1) KENYA ASSOCIATION OF MUSIC PRODUCERS (KAMP) – Administering and Managing Economic Rights of Producers of Sound Recording;

2) PERFORMERS RIGHTS SOCIETY OF KENYA (PRISK) – Administering and Managing Economic Rights of Performers in Sound recordings and audio-visual works; and 

3) MUSIC COPYRIGHT SOCIETY OF KENYA (MCSK) – Administering and Managing Economic Rights of Authors, Composers, Arrangers and Publishers of musical works.

KAMP, PRISK and MCSK have been licensed as Collective Management Organizations (CMO) as per the provisions of Section 46 of The Copyright Act, 2001, Laws of Kenya to issue a JOINT COPYRIGHT LICENSE.

TAKE NOTE THAT:

1) EFFECTIVE 25 MARCH 2019, KAMP, PRISK and MCSK shall JOINTLY AUTHORISE/LICENSE the use/ exploitation of Broadcasting, Communication to the Public, Performance in Public Places, Mechanical Reproduction and Synchronization Economic Rights in JOINT COPYRIGHT WORKS that are in their JOINT CATALOGUE/REPERTOIRE by issuing a JOINT COPYRIGHT LICENSE to any Broadcasting Station, Telecommunication Company, Restaurant, Hotel, Bar, Bank, Airline, Ship, Train, Cyber Cafe, Salon/Barber Shop, Shop, Supermarket, Shopping Mall, Public Service Vehicle (PSV), Tourist Service Vehicle (TSV), Commercial Vehicle/truck, Car Hire & Rental, Amusement Arcade, Video/Movie Hall, Disc Jockey (DJ/ VDJ), Concert, Promotional Activity/Van, Road Show, Discotheque, Agricultural Show/Fair, Gymnasium, Exhibition Hall, etc. so as to effect and ensure we have in place a process that is more streamlined, easy, transparent and accountable in the licensing/authorization and enforcing of compliance with The Copyright Act, 2001, Laws of Kenya.

2) KAMP, PRISK and MCSK in JOINT LICENSING OPERATIONS shall be using a JOINT TARIFF in calculating/ assessing JOINT LICENSE FEES payable so as to JOINTLY AUTHORISE/ LICENSE the exploitation of  Broadcast, Communication to the Public, Performance in Public Places, Synchronization and Mechanical Reproduction Economic Rights in JOINT COPYRIGHT WORKS that they are mandated to administer, manage and enforce compliance in line with The Copyright Act, 2001, Laws of Kenya.

3) In JOINT LICENSING OPERATIONS ONLY MPESA; CASH/CHEQUE BANK DEPOSITS (no physical cash payments) shall be allowed in paying JOINT LICENSE FEES so as to be JOINTLY AUTHORISED/ LICENSED by KAMP, PRISK and MCSK to exploit Broadcast, Communication to the Public, Performance in Public Places, Synchronization and Mechanical Reproduction Economic Rights in JOINT COPYRIGHT WORKS that they are mandated to administer, manage and enforce compliance in line with The Copyright Act, 2001, Laws of Kenya.

MPESA PAYBILL NO. 793911  A/C NO.7702460014

BANKING DETAILS: - COMMERCIAL BANK OF AFRICA (CBA), WESTLANDS BRANCH, 

ACCOUNT NUMBER – 7702460014

ACCOUNT NAME – KAMP-PRISK-MCSK

KINDLY FURTHER NOTE THAT

4) ANY exploitation of Broadcast, Communication to the Public, Performance in Public Places, Synchronization  and Mechanical Reproduction Economic Rights in JOINT COPYRIGHT WORKS WITHOUT a valid JOINT COPYRIGHT LICENSE from KAMP, PRISK and MCSK shall be doing or causing to be done an act of INFRINGEMENT OF COPYRIGHT (Section 35, The Copyright Act, 2001, Laws of Kenya) and will be liable of an OFFENCE OF INFRINGEMENT OF COPYRIGHT (Section 38, The Copyright Act, 2001, Laws of Kenya), which is punishable by either a FINE NOT EXCEEDING KShs. 400,000/= or IMPRISONMENT FOR A  TERM NOT EXCEEDING SIX (6) YEARS, OR BOTH.

In picture from left Mr Patrick Quarcoo, Chief Executive Officer ,Radio Africa Group , Mr Ephantus Wahome, Chairman PRISK, Mr Anthony Karani , Chairman KAMP, Mr. Chinasa Udeala, General Manager, Songa, Mr Japheth Kassanga, Chairman MCSK and Ms Angela Ndambuki, Vice Chairperson, KAMP

The Kenya Association of Music Producers (KAMP), Performers Rights Society of Kenya (PRISK) and Music Copyright Society of Kenya (MCSK) have today signed a Licensing Agreement with Songa Music streaming services.

The above (CMOs) have been licensed by the Kenya Copyright Board to collect and distribute royalties to owners of Copyright and related works for the year 2019 and will offer a single licence for the use of Musical works and Sound Recordings.

Under the Agreement, Songa has been granted access to the three CMOs catalogues of works. This is an important development that will see the works of the members of the three society’s feature in the Songa streaming App.

Under the Agreement Songa, which is charged with overseeing and coordinating the music streaming platform, will work closely with KAMP, PRISK & MCSK to develop synergies to support Kenya’s creative industry.

The three Chairmen, Mr. Anthony Karani (KAMP), Mr. Ephantus Wahome, (PRISK) & Mr. Japheth Kassanga (MCSK) said that partnership is key to unlocking the significant potential of Kenya’s Music sector and its through such collaborations and partnerships that give musicians an opportunity to have their music hosted on the platform that is accessed by millions of Kenyans.

This new agreement is a big step towards licensing in Kenya and ensuring rights holders get remunerated whenever their works get exploited on digital platforms.

The Kenya Copyright Board (KECOBO) has today issued licenses to three collective management organizations to collect copyright and related works license fees.

The three include Kenya Association of Music Producers (KAMP), Performers Rights Society of Kenya (PRISK) and Music Copyright Society of Kenya (MCSK).

The issuance of the licenses was welcomed news by the Chairmen of the three Collective Management Organizations (CMOs) who were present at KECOBO to receive the licenses today at the Kenya Copyright Board offices.

Kenya Copyright Board Executive Director, Mr. Edward Sigei presented the licenses to the Chairmen of the three CMOs represented by Mr.Anthony Karani, KAMP, Ephantus Wahome, PRISK and Mr. Japheth Kassanga, MCSK.

 “The three CMOS had fulfilled all the conditions set by the Regulator and going forward they are expected to collect and issue licenses jointly.

The three CMOs have signed a commitment document that shows that they have agreed to distribute 70 percent of revenues collected.

The three CMO chairmen wish to thank the Kenya Copyright Board and the office of the Attorney General for the tremendous support accorded them towards ensuring that the rights of Authors, composers, publishers, producers and performers are upheld despite the challenges. “With this good news it is our hope that the confusion that has been witnessed since the beginning of the year especially from users of works will soon come to an end. We are ready to hit the ground running and we can finally issue one Joint license,” said Anthony Karani, Chairman of KAMP.

With the advent of joint licensing, users of works will now be able to pay for a single license. Mr, Karani envisages many benefits among reduced operation costs at all levels, and increased payouts to members.

Chairman of PRISK, Mr. Ephantus Wahome, expressed confidence in the three CMOs working together and being able to deliver to the artists, in a timely, efficient and seamless manner. “We are grateful to God and excited that the journey to collection has started. We request all users to comply so that copyright owners can benefit for the use of their works,” he said.

MCSK Chairman, Mr. Japheth Kassanga, said, “The relationship between KAMP, PRISK and MCSK represents a powerful opportunity for CMOs to significantly expand their presence in Kenya. MCSK over the past years has demonstrated its ability and willingness to work together and to use its resources and expertise to get more users to comply. We’re excited to partner with KAMP and PRISK as we focus our combined energies on serving our members and rights holders and to fight and protect their interests. We have a new Board in place, which was one of the conditions that had to be met in order for MCSK to get a license. I want to assure our members that we are on the right path to getting MCSK adhere to good corporate governance.”

And also to be rolled out as per the meeting held between the three CMOs, is a digital system that will enhance licensing and ensure precise distribution of royalties. “We remain committed to implementing the new joint licensing tariffs. We will be calling for proposals for the acquisition of a new digital licensing system that will enable rights users to pay for and get their license online,” he added.

The tendering and expression of interest for the digital licensing system is expected to be done on Friday 22^nd March 2019 with details and specifications of the requirements made available on the respective CMOs websites.

Also present during the meeting were Chief executive officers of KAMP, Mr. Clifford Wefwafwa Mabele, Mr. Joseph Njagih, PRISK and Ms. Milka Kulati, Acting CEO of MCSK.

“Today’s announcement is another solid step in our journey to work together. The last couple of years have been very disruptive to the music industry in Kenya and we hope that this being a new beginning, with Joint Licensing Operations. KAMP has retained their licenses for the 10^th year and with the issuance of these licenses by the regulator shows good will and is a clear reflection of the numerous efforts by the CMOs and other stakeholders to pursue a joint licensing system.  This partnership will help us fully deliver on our mandates and responsibilities. We are very capable of working together in order to protect and get value for our rights holders. We would also like to notify all Users of Copyright and Related Rights, i.e. broadcasters, telecommunication companies, restaurants, shops, business premises, vehicles, etc. that things are easier now and it’s time for them to comply,” said Clifford Wefwafwa, Chief Executive Officer of KAMP.

“The Kenyan creative industry has a very big potential. I can’t imagine life without music or some form of dramatic works. I take this opportunity to thank the Attorney General of the Republic of Kenya, Hon. Paul Kihara and Mr. Edward Sigei. The duo has worked tirelessly to ensure that there is sanity in the creative Industry and that the right CMO representative(s) is licensed. I’m sure that this newly found joint engagement will go a long way in reducing costs of operations and thus increase on the amounts available for distribution. To the users, kindly support artists by way paying for copyright and related rights license for use their works. This is an integral part of the economy that we can’t afford to kill,” added Joseph Njagi, CEO, PRISK.