COURT STOPS MCSK FROM COLLECTING MUSIC ROYALTIES (Tuesday, July 25, 2017)
The high court sitting in Kisumu has issued orders stopping MCSK from
collecting royalties from music users and businesses. The orders were issued
following a petition by Kisumu Bar Owners Association and Kisumu Green
Garden Restaurant. In their petition, the two asked that the court stops
MCSK from harassing music users and businesses in the name of collecting
royalties while they (MCSK) did not have a valid license and were not
gazetted as a CMO.
In the ruling the judge quoted section 46(1) of the copyright act that
states, "No person or association of persons shall commence the business of
a copyright collecting society except under or in accordance with a
certificate of registration granted under this section". The judge noted
that MCSK's license to operate as a CMO expired on 31st December 2016 and
their application to renew was declined and communicated through a letter
dated 17 Feb 2017 from KECOBO.