Kenya: IFPI and CISAC urge KECOBO to streamline CMO sector

This follows the regulator’s decision to issue a single collective management organisation (CMO) licence to the Performing and Audiovisual Rights Society of Kenya (PAVRISK), formerly the Performers Rights Society of Kenya (PRISK) to manage all copyrights in the country’s music sector.

The decision has been met with resistance by many Kenyan music industry players who say the process was not above board.

In a joint statement issued by IFPI CEO Victoria Oakley and CISAC director general Gadi Oron, the two organisations asked KECOBO to reconsider its decision to award a licence to PAVRISK to collectively manage performance and broadcast rights as a single window licensor in the country.

“In order to protect and ensure the future sustainability of the music sector in Kenya, we urge KECOBO to reconsider its decision,” the statement said.

“With its rich musical heritage and abundance of diverse and talented artists, Kenya is one of the leading music markets in sub-Saharan Africa – the fastest growing recorded music region in the world.  A well-functioning and efficient collective management system that effectively manages the rights of music creators and producers and accurately distributes revenues to them is fundamental to its continued growth and success.

On 10 April, KECOBO invited companies with appropriate competencies to collect and distribute royalties to apply for a CMO licence with a view to streamlining the sector. It received applications from the Music Copyright Society of Kenya, KAMP, PAVRISK, Film Makers Rights Achievers of Kenya, and Collective Management Services.

During a special meeting to deliberate on the licensing of CMOs for the current year on 6 June, the board awarded a one-year licence to PAVRISK, and instructed it to begin royalty collection immediately.

However, KAMP vowed to challenge the decision in court, saying the directive was not aboveboard, terming it “possibly the worst thing that’s happened in the history of collective management in Kenya.”

KAMP said that in past forensic audit reports, including its most recent report in 2023, KECOBO had flagged what it termed as embezzlement of rightsholders’ funds by PRISK’s management and board, and raised similar concerns when PRISK applied to renew its operating licence. In a letter dated 13 May 2024, KECOBO questioned PRISK on the status of royalty distribution. 

The statement added: “A trustworthy accreditation process for CMOs is essential to ensure that only legitimate and sufficiently representative CMOs can operate in the country, serving the best interests of both rightsholders and users. The decision by KECOBO to license PAVRISK to administer these rights for all music right holders, despite the organisation not having any direct mandates from right holders jeopardises the ability of Kenya’s musicians, songwriters and record labels to be fairly paid for the use of their music. This decision also endangers the future sustainability of Kenya’s music sector.

“We respectfully submit that one of the principles enshrined in the Berne Convention for the Protection of Literary and Artistic Works, to which Kenya is a member, is that creators shall enjoy the exclusive right of authorising the public performance and broadcasting of their works, ensuring that only CMOs that represent rightsholders via proper mandates, and adhere to transparency and good governance practices, are allowed to negotiate and license the use of protected works.  

“We therefore urge KECOBO to revoke the licence it has granted to PAVRISK and that it engages in a constructive dialogue with all music rightsholders, both domestic and international, to ensure Kenya’s collective management infrastructure is fit for purpose and to secure a bright and exciting future for Kenya’s music rightsholders.”