Kenya Copyright Board

Lest you forget, the deadline is tomorrow September 1, 2026. Please take action

Reference is made to the tender notice published on MyGov Newspaper on 11th August, 2026 and subsequently uploaded on the KECOBO website.
Pursuant to Section II (B) of the Instructions to Tenderers, Clause 10 of the Amendment of Tender Document, we hereby amend the following for your attention.

Who are these individuals in reference to copyright in the music industry and what rights do they enjoy?

Artist and Repertoire Manager

This is normally an employee of the label/ company who decides to sign the artist and guide him through the major label experience. He listens to the demo songs of an artist and determines the viability of the songs. He is normally an employee of the record company or hired by the same. It is interesting to note that to a certain extent, the A&R manager has a role similar to that of an Independent Producer but the former has no rights whatsoever and he is normally paid a salary or one-off payment by the recording company.

Composer

Composer means the person who writes the musical score in a song. The composer has the right in the melody while the author has the rights in lyrics. The composer’s rights are covered by publishing agreements as well as being protected under the Copyright Act once it has been reduced to any material form including digital and transient copies. Rights are similar to those of the author.

Distributor

He distributes the records and albums. May also have a distribution agreement with the recording company but ordinarily makes his money from the sales of the works.

Agent

Agents are people who usually work on behalf of the artists to secure record deals, publishing contracts and live performances among other things. The agents scout around for the recording deals and secure contracts for performances.

Can the Rights in Audiovisual be Transferred to Other Parties?

Since copyright is protected like any other property, it can be transferred from one party to another through sale, licences or inheritance. Economic rights can only be transferred by written contracts. The rights can be transferred as a bundle of rights, or specific rights, for instance, the owner can transfer the rights of distribution and retain the right of reproduction. The producer cannot transfer his/her moral rights.
Licences have to be in writing and they must have specific terms and conditions. For instance, the producer can licence the exhibition of the film in film theatres for a specific period of time and for determined consideration. They may also licence a third party to reproduce and make the film available to the public on a specific platform including streaming the content online.
Most licensing agreements have provisions for payment of royalties for the use of the work. Once the producer sells the audiovisual work, he/she cannot subsequently claim it and cannot control how the third party chooses to exploit it, as it is no longer his/her property. He/she retains the moral rights, as these are not transferrable.
The assignment can be limited to certain rights but the terms have to be clearly stated in a written contract.
The performers or other performers in audiovisual performances can transfer their rights to the producer through written contracts.

Who is responsible for enforcement of copyright in Kenya?

The main responsibility for enforcement falls on the rights holder since copyright is a private right.
However, collaboration between the rights holders and the law enforcement agencies is important. The Kenya Copyright Board, whose key mandate is to administer and enforce copyright and related rights, has an enforcement department that works with the rights holders and other law enforcement agencies such as the police to ensure that the rights are protected and enforced.

What is the role of the Kenya Copyright Board?

The Kenya Copyright Board is a state corporation established under section 3 of the Copyright Act Cap 130 laws of Kenya. Its mandate is the overall administration and enforcement of copyright and related rights.
The Board carries out public awareness, enforcement, registration of copyright, licensing of Collective Management Organizations (CMOs) and education on matters of copyright industries.
Rights holders and users are expected to work with the Bard to ensure proper administration and enforcement of copyright as well as create an enabling environment for growth of copyright industries in Kenya.

KECOBO’S POWERS OVER COLLECTIVE MANAGEMENT ORGANIZATIONS

The Kenya Copyright Board (KECOBO) is established under section 3 of the Copyright Act and derives its functions from section 5 of the Act.
The role of KECOBO as a regulator and a licensing authority is further explained by Section 46 of the Copyright Act.
KECOBO has three roles as set out in section 46 of the Act:
KECOBO has three roles as set out in section 46 of the Act:
1. Licensing of the collective management organizations.
2. Overseeing the operations of Collective Management Organizations.
3. Facilitating the process of tariff setting
The Copyright Act provides that Collective Management Organizations can be set up and licensed by KECOBO.
Further, under section 46E of Copyright Act, the Board as a Regulator has a supervisory role of inspection and control of all the Collective Management Organizations. The Act gives powers to the Executive Director to authorize in writing the inspection of the books of accounts and records of a Collective Management Organization on request by members.
The person authorized to inspect shall report on any breach or non-observance of the Copyright Act and Regulations, any irregularity, and any apparent mismanagement. Where the Board finds out from the results of the forensic audit that a Collective Management Organization have conducted their business contrary to the provisions of the Copyright Act, the Board may issue directions and orders as provided for under section 46F (1) (a) to (I).
KECOBO also facilitates in the process of setting of tariffs and ultimately preparing the tariff for Gazette Notice by the Cabinet Secretary responsible for Copyright matters before implementation thereof.
By virtue of the Collective Management Organizations being a corporate entity, the Registrar of Companies also has certain regulatory powers over the organization.

KECOBO’s Board of Directors held a Special Board Meeting today August 24, 2026 and reviewed KAMP’s responses on the issues that had been raised by the Board and noted that KAMP has not complied nor addressed the issues raised to the satisfaction of the Board.
Consequently, the Board decided to uphold the suspension of the license until the issues raised are addressed. Further, to strengthen management, collection and distribution of royalties by the CMO, the Board is taking the following further administrative actions:👇
HON. Joshua Kutuny

What is the value of registration of copyright?

• Acts as a public record of authors/owners.
• The certificate of registration acts as evidence of ownership of copyright in a court of law in case of a dispute pushing burden of proof to the other side.
• The certificate of registration may be used as collateral in a bank or any other lending institution in case one wants to borrow funds.
• It makes it easy to commercialize copyright i.e. in case of licensing or assignment.
• It makes it easy for IP auditors and/ or valuers to identify the different IP rights owned by a corporate.

HIGH COURT BARS MCSK FROM COLLECTING ROYALTIES

The High Court in Milimani has barred Music Copyright Society of Kenya (MCSK) from undertaking functions of a Collective Management Organization (CMO).
“Pending the hearing and determination of the substantive appeal, the Appellant, whether by itself, its servants, agents, officers or any person acting under its authority, is restrained from holding itself out as a licensed Collective Management Organisation or from undertaking the statutory functions of a Collective Management Organisation, including collecting, demanding, invoicing, receiving or levying royalties or licence fees from users of copyrighted works, where the exercise of such functions requires a licence under Section 46 of the Copyright Act,” ruled Justice L. P. Kassan.
The ruling was made after an appeal filed by MCSK against the decision of the Kenya Copyright Board (KECOBO), refusing to grant them a licence to operate as a Collective Management Organisation (CMO) for the licensing period commencing 5th November 2025.
MCSK was denied licence by the Board after they were found to have failed to satisfy the statutory requirements prescribed under Section 46 of the Copyright Act and the Copyright (Collective Management) Regulations, 2020 prompting the appeal.
The Court also declined to grant MCSK a stay against the decision by KECOBO not to issue them a license to operate as a CMO.
“The Motion dated 10th December 2025 fails in respect of the prayer for stay because the Tribunal’s judgment, being a dismissal of the Appellant’s appeal without a positive executable order, is incapable of stay. The alternative injunction also fails because the positive relief sought would materially alter the existing regulatory position by permitting the Appellant to exercise functions for which it presently has no licence,” ordered the judge.

The Copyright Tribunal has upheld the Kenya Copyright Board (KECOBO)'s authority to suspend the operating licence of the Kenya Association of Music Producers (KAMP), rejecting KAMP's challenge to the regulator’s decision.

Tribunal upholds KECOBO’s authority to suspend KAMP licence KAMP had argued that KECOBO lacked the legal power to suspend its licence.

Copyright and the Music Industry
Copyright law grants the rights holder exclusive rights to reproduce, distribute, sell, hire, import or broadcast the music subject to certain exceptions and limitations.
The rights holders are also granted moral rights under that Act and this include the right to be identified as the author (right of paternity), and the right to object to any mutilation or distortion of the work that would be prejudicial to his interests as the author of the work (right of integrity).
The term of protection is life of the author plus 50 years in the case of a sound recording. Anonymous or pseudonymous works enjoy for 50 years from the date of publication unless the owner becomes known.