The Performing and Audio-Visual Rights Society of Kenya (PAVRISK) is once again at loggerheads with other Collective Management Organisations (CMOs) over what it deems as misleading and a misrepresentation of existing joint operations among the CMOs.
According to a letter from its lawyers, The Music Copyright Society of Kenya (MCSK) and the Kenya Association of Music Producers (KAMP) allegedly sought to fraudulently obtain monies from users, directing them to deposit the funds into an account controlled by MCSK.
PAVRISK claims this was done without its knowledge or authority and in disregard of the Termination of Joint Operations agreement.
“As you are well aware, on 3rd September 2024, the Copyright Tribunal delivered its judgment on the appeal challenging the decision of the Kenya Copyright Board (Kecobo) to register our clients as a CMO. Consequently, in HCCA No. E1035 of 2024, Kenya Copyright Board vs Music Copyright Society of Kenya & Others, the High Court has stayed the judgment of the Tribunal in the interim. By this order of stay, the decision of Kecobo to register our clients still stands,” read the letter from Morris Maina Advocates, who represent the organization.
PAVRISK is now demanding that the other two organizations cease and desist from further invoicing, collecting royalties, and using its logo, name, and address, which it claims is being done without legal authority.
However, KAMP maintains that it obtained a judgment declaring PAVRISK’s license null and void and ordering the issuance of licenses to the CMOs.
KAMP CEO Maurice Okoth stated that until the appeal is heard and determined and the judgment is overturned, the situation remains as it is.
“Kecobo (not PAVRISK) has appealed this judgment. As it stands, the judgment exists, but Kecobo obtained a stay of the judgment until next month. We will seek to overturn the stay. Until the appeal is heard and determined, and the judgment is overturned, this is where we are,” he told The Standard via phone.
