The Kenya Association of Music Producers (KAMP) has raised alarm over what it describes as continued defiance by the Kenya Copyright Board (KECOBO) in implementing a key Copyright Tribunal ruling.
KAMP is accusing the regulator of deliberately obstructing the licensing process and undermining the creative industry.
In a statement issued Wednesday, KAMP criticised KECOBO for delaying the issuance of provisional licenses to Collective Management Organizations (CMOs) despite a recent Copyright Tribunal judgment directing compliance.
“We are deeply saddened by KECOBO’s continued display of favoritism and failure to act impartially as the regulator of Kenya’s creative industry. These actions have resulted in a flurry of legal disputes, further eroding trust in the system and damaging the livelihoods of rights holders,” Kamp Chair, Ms. Angela Ndambuki stated.
“The continuous legal battles, fueled by KECOBO’s malpractices, have substantially affected the collection and distribution of royalties, plunging artists, producers, and performers into financial uncertainty,” she added.
KAMP has further accused KECOBO of bad faith, alleging that the regulator misled the organization into withdrawing legal cases under the pretense of pursuing an out-of-court settlement.
In a letter dated September 24, 2024, KECOBO reportedly proposed a path to resolve the ongoing dispute, only for the regulator to continue with actions KAMP deems unlawful.
KAMP submitted the letter as evidence before the court, accusing KECOBO of insincerity and manipulative conduct adding that the regulator’s actions are harming the industry by disrupting the licensing process, which he termed the “lifeline” of the creative sector.
KAMP has also threatened to take further legal action if KECOBO does not comply with the tribunal’s ruling.
“Kamp Copyright and Related Rights Ltd remains fully committed to adhering to the law, protecting the interests of its expanded membership, which now includes performers in the music sector, and fighting for the rights of all creatives.”
“The creative industry in Kenya is bleeding. It is time to stop the bleeding. We expect immediate compliance with the rulings of the Copyright Tribunal and for KECOBO to act with the integrity expected of a regulator.”
