Court clears MCSK, Kamp, Prisk to implement joint licensing
The Kenya Association of Music Producers (Kamp), Performers Rights Society of Kenya (Prisk) and Music Copyright Society of Kenya (MCSK) can finally breath a sigh of relief, after the High Court cleared the way for the three Collective Management Organisations (CMOs) to continue with the Joint Copyright and Related Rights licensing.
The ruling issued on November 5, this year, in Kisumu by Justice Fred A Ochieng directed the CMOs to continue with the joint collections for a period of 60 days.
Justice Ochieng made the decision following a filing by MCSK after the adverse judgment against them and not being a party to the suit, and made an application to be joined as an interested party in the suit and for review of the judgment.
“The MCSK be enjoined to these the proceedings as an Interested Party. The Kenya Copyright Board (Kecobo) and the Attorney General (AG) have 60 days to constitute a lawful Kecobo. That accounts shall be rendered for the 60 days, during the time when the Lawful Board shall be undergoing reconstruction. The Accounts shall be rendered to the Kecobo, which shall render a Report of the Accounts, to the Court, within 14 days from the expiry of the 60 days,” ordered the judge.
The justice made the decision following the filing of numerous applications by Kisumu Bar Owners in the Kisumu Judicial Review No. 4 of 2019.
In the previous Judgement, the court found that the executive director of the Kecobo had issued a license to MCSK on February 1, 2019, at a time when Kecobo was not properly constituted thus, the executive director had acted without the requisite legal mandate.
The matter is set for mention on February 4, 2020, for further Directions and Orders.