Business

Restaurants to register to play music or pay fine of Sh500,000 - KECOBO

Kenya Copyright Board Chief Executive Officer, Joshua Kutuny (centre) during a past press briefing. (Photo: KECOBO)

By Bashir Mohammed | Sunday, May 19, 2024

The stringent enforcement aims to protect the rights of musicians and ensure fair compensation for their work.

Restaurant owners must obtain a license to play music on their premises, according to the Kenya Copyright Board (KECOBO).

KECOBO says restaurant owners should apply for their licenses through collective management organisations (CMOs).

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Restaurant owners should apply for their music licenses through the Music Copyright Society of Kenya (MCSK), a CMO representing authors, composers, and publishers of musical works.

Currently, CMOs have halted operations pending the renewal of their licenses, but businesses are still urged to comply with the licensing process.

“To play music you require a CMO license. At the moment the CMOS ceased operations until their licenses or new licenses are issued,” KECOBO wrote on X.

Under the law, playing music without a CMO license could result in severe penalties. Offenders may face a fine of up to Sh500,000, imprisonment for up to four years, or both.

Fair compensation

The stringent enforcement aims to protect the rights of musicians and ensure fair compensation for their work.

The MCSK license encompasses a broad range of music and audiovisual performances.

Radios, disc players, tape machines, video cassette players, televisions, and other devices provide music, including digitized music. The license covers background music in common areas of restaurants, cafes, bars, casinos, and similar establishments.

"We calculate the license fees based on a percentage of the respective single business permit and liquor licenses," KECOBO said.

KECOBO determines the licensing fees by considering a percentage of the combined cost of a business permit and liquor license, or solely the business permit in the absence of a liquor license.

Hotels and restaurants are required to pay 80 per cent of the combined cost of their business permit and liquor license. If a liquor license is not available, the fee is 100 per cent of the business permit cost.

MCSK stipulates that the annual payment must not be less than Sh9,000. This is the minimum agreed-upon fixed rate.

MCSK distributes the collected amounts to the musicians annually.