H_art The Band

Public Notice and Caution

It is mandatory to have mandate/authority from the copyright owners (musical, audio visual, artistic & literary works) or owners of the rights neighbouring copyright (broadcast, performer or producer of sound recording) before any CMO (organisation or institution) can purport to collect royalties (act) on their behalf. See below;





Dear Music users and owners, kindly note that we received conservatory orders staying the decision by KECOBO to deny us a License as below.
Kindly note, IP (Copyright) is private and not government property, hence the copyright owner has to give authority/mandate before any society can claim to act on behalf of the copyright owner. Demand for proof of mandate for any society trying to license. Click here to view the orders.

Notice to Members and Stakeholders

MUSIC COPYRIGHT SOCIETY OF KENYA (MCSK) collects and distributes royalties for the exploitation of Performing and Reproduction rights of  Authors (songwriters), Composers, Publishers and Arrangers of copyrighted musical works.

MCSK  controlled catalogue  (repertoire)  has over 100 Million   copyrighted  musical works together with details of  over 10  Million  audiovisual productions from over 14,000  Kenyan  Copyright Owners

-  Musicians (Through  Deeds  of  Assignments) and over 120   Affiliate (Associate)  Societies  (Through

Reciprocal Agreements) from across the world.

NOTICE  IS HEREBY GIVEN TO  ALL COPYRIGHT OWNERS (MUSICIANS;  USERS  OF  MUSIC &  MCSK LICENSEES  THAT; On  03rd   November 2016, in  the High   Court of  Kenya at  Malindi, in  Constitutional Petition No.  05 of  2016: Mercy Munee Kingoo & Another – Vs-  Safaricom Ltd & Another, JUSTICE HON. S.J.  CHITEMBWE; RULED THAT:

The manner  in  which  Section  30A,  of   the  Copyright Act 2001  laws  of   Kenya  is  implemented  is unconstitutional as it was enacted without public participation and it is being retrospectively applied. It also limits artists’ freedom not to be compelled to join  an  association of any kind as  provided under Article 36   of the Constitution. The   petitioners are being forced to receive their royalties through Collective Management Organization yet they have no  dealings with them. This  is unconstitutional.