PAVRISK loses court bid to stop license revoked
The High Court has upheld the Copyright Tribunal’s decision to set aside the Kenya Copyright Board’s (KECOBO) decision to grant an operating license to the Performing and Audio-Visual Rights Society of Kenya (PAVRISK).
The Tribunal overturned KECOBO’s decision to grant an operating license only to PAVRISK, the sole Collective Management Organizations authorized to collect royalties on behalf of musicians and producers. The decision by KECOBO locked out the other two CMOs, Kenya Association of Music Producers (KAMP) and Music Cpyright Society of Kenya (MCSK). Aggrieved, KAMP filed a case at the Copyright Tribunal challenging KECOBO’s decision.
KECOBO and PAVRISK then sought to challenge the Copyright Tribunal’s revocation, citing serious financial and industry-wide repercussions.
KECOBO argued for a stay pending the High Court’s decision on the appeal. However, the court ruled that the board had failed to show that denying the stay would render the appeal futile or cause significant harm.
As a result, Lady Justice Thripsisa Cherere upheld the Tribunal’s decision pending the determination of the appeal before her.
The judge noted that as much as KECOBO claims to be acting in the public interest, the broader public good would be better served by the lawful and orderly collection of royalties and their distribution to intellectual property rights holders.
“To stay an order that seeks to operationalize such collection, particularly following the Court’s findings, would be to frustrate a process that promotes fairness, regulatory certainty, and economic justice. Claims of public interest cannot justify unlawful conduct or disobedience of court orders, and courts must remain vigilant against attempts to cloak institutional defiance in the guise of the public good,” she said. The judge said in her ruling.
PAVRISK had strongly opposed the court’s decision, arguing that the revocation left rights holders without a formal mechanism for collecting royalties, exposing them to significant financial losses.
Last year, KECOBO chairman Joshua Kutuny defended the board’s decision to grant only one CMO an operating license, saying that granting only PAVRISK was informed by the ongoing disputes among the three CMOs over royalty collection and distribution.