Doctors reject new music copyright regulations for hospitals

A patient being attended to at a Nairobi hospital. [Mate Tongola, Standard]

The Kenya Medical Association (KMA) has strongly opposed the newly introduced Music Copyright Society of Kenya (MCSK) Regulations 2025, arguing that they unfairly target healthcare facilities.

In a letter dated September 19, 2025, addressed to the Kenya Copyright Board, KMA said the regulations would impose an "unjustifiable double financial burden" on hospitals, which already pay hefty licensing and compliance fees to the Kenya Medical Practitioners and Dentists Council (KMPDC).

According to the doctors' lobby, health facilities are not commercial entertainment spaces and only use music in limited contexts to aid patient recovery and well-being.

"Equating hospitals with clubs or hotels is unreasonable and inappropriate," KMA stated.

The association further cited a Milimani Law Court ruling delivered on July 29, 2025, in Petition E076/2025, which barred MCSK from levying fees on medical facilities.

Any attempt to reintroduce the charges, it noted, would be unlawful and in direct violation of the judgment.

KMA also warned that extra charges would strain hospital resources, potentially diverting funds away from patient care.

Additionally, the doctors criticized MCSK for failing to consult the health sector before rolling out the regulations.

"We categorically reject the implementation of these regulations on healthcare institutions," said KMA Chief Executive Officer Dr. Brenda Obondo.

"We urge the Society to withdraw the regulations as they apply to hospitals and instead pursue a consultative process that balances the rights of artists with the realities of essential service providers."