PAVRISK License Annuled As Stay Orders Vacated
Kamp Copyright and Related Rights Ltd, formerly Kenya Association of Music Producers-(Kamp ) welcomes the decision by the High Court to vacate stay orders
that had been issued against the judgment of the Copyright Tribunal. The Tribunal had previously annulled the unlawful license granted by the Kenya Copyright Board (KECOBO) to
the Performing and Audio Visual Rights Society of Kenya (PAVRISK).
In his ruling on 15th October 2024, Honorable Justice Joe M. Omido, in Civil Appeal No. E1035 of 2024 (KECOBO vs. KAMP & others), faulted KECOBO for material non-disclosure. This
omission was particularly troubling as there were existing conflicting orders in HCCOMPET No. E014 of 2024 (MCSK vs. KECOBO and others) that KECOBO failed to disclose while seeking
the stay orders. This attempt at concealing critical information underscores the regulator’s growing impartiality and bias in its oversight role over the collective management organizations
(CMOs).
Kamp Chair, Ms. Angela Ndambuki stated, “We are deeply saddened by KECOBO’s continued display of favoritism and failure to act impartially as the regulator of Kenya’s creative industry.
These actions have resulted in a flurry of legal disputes, further eroding trust in the system and damaging the livelihoods of rights holders. The continuous legal battles, fueled by KECOBO’s
malpractices, have substantially affected the collection and distribution of royalties, plungingartists, producers, and performers into financial uncertainty”.
Kamp has been compelled to pursue multiple legal avenues in defense of its members’ rights, as well as those of other CMOs. With the latest ruling upholding the Copyright Tribunal’s earlier
determination, we hope that KECOBO will now cease its unlawful practices and faithfully abide by the law.
Kamp CEO CS Maurice Okoth added “ The Copyright Tribunal in COPTA/E002/2024 has already rendered its judgment, directing KECOBO to issue provisional licenses to all CMOs.
Yet, KECOBO continues to delay and obstruct the process, further compounding the woes of the creative industry. We now urge KECOBO to respect the tribunal’s decision and restore a
fair licensing process, which is the lifeline of the industry . We also wish to bring to the attention of the public and to our members that KECOBO had also deliberately misled the management
team at KAMP by requesting KAMP to withdraw all matters in court for purposes of pursuing out of court settlement on the issues that KAMP had raised. In a letter dated 24TH September
2024, KECOBO had written confirming these discussions and also proposing a way forward to unravel the stalemate within the collective management industry. This letter has been submitted in JR NO E138 of 2024, Rep Vs KECOBO and others, as evidence depicting theinsincere behavior by the regulator, misleading parties to enter negotiations for out of court
settlement whilst still navigating ways to act unlawfully in the licensing of CMOs . “ Kamp Copyright and Related Rights Ltd remains fully committed to adhering to the law,
protecting the interests of its expanded membership, which now includes performers in the music sector, and fighting for the rights of all creatives. We call on KECOBO to follow the
correct legal processes and cease its biased and unlawful conduct.
The creative industry in Kenya is bleeding. It is time to stop the bleeding. We expect immediate compliance with the rulings of the Copyright Tribunal and for KECOBO to act with the integrity
expected of a regulator. Should KECOBO continue with its current unlawful actions, we will have no choice but to seek further legal recourse to safeguard the future of our rights holders.
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