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PUBLIC NOTICE ON RULING

NOTICE IS HEREBY GIVEN TO MCSK MEMBERS, ALL COPYRIGHT OWNERS (MUSICIANS); USERS OF MUSIC & MCSK LICENSEES THAT;

On 13th July 2018, in the High Court of Kenya at Kakamega, in Constitutional Petition No. 03B of 2017: Laban Juma Toto & Others -Vs- Kenya Copyright Board & Others; JUSTICES HON. R.N. SITATI; D.S MAJANJA AND T. CHERERE; DECLARED THAT:

The process of issuing the CMO license on 27 March 2017 by KECOBO to MPAKE violated the provisions of Section 5 of the Fair Administrative Actions Act and Article 47(1) of The Constitution of Kenya and the license has been declared NULL AND VOID.

KINDLY NOTE THAT IT IS ONLY MUSIC COPYRIGHT SOCIETY OF KENYA (MCSK) that is LEGALLY issuing Copyright Licenses to Broadcast, Perform in Public Places, Communicate to the Public and Mechanically Reproduce Copyrighted musical works in its controlled catalogue (repertoire) of 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.

On behalf of all copyright owners – Musicians, of the music in its catalogue, MCSK would like to inform all members of the public who would like to exploit copyrighted musical works in MCSK controlled catalogue to visit the nearest MCSK office for assistance and would like to thank all Users of music who have a valid license to exploit musical works in compliance with the provisions of The Copyright Act 2001, Laws of Kenya.

THE JUDGEMENT MAY BE VIEWED HERE

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