Hotels, Bars, Matatus, Aircraft & Other Places That Risk Ksh800,000 Fine

Businesses caught playing copyrighted music without a proper license now face fines of up to Ksh800,000, according to the Performing and Audio Visual Rights Society of Kenya (PAVRISK).

In a notice issued on Wednesday, June 18, PAVRISK reminded the public that using copyrighted music without authorisation violates the Copyright Act of 2001 and is a criminal offence.

The warning targets a wide range of establishments, including shops, barbershops (kinyozi), salons, hotels, bars, restaurants, private clubs, motels, malls, and cinemas.

Also on the list are cybercafés, hospitals, clinics, banks, DJs, radio and TV stations, roadshows, events, amusement parks, political rallies, music academies, and even aircraft.

Photo of a recording studio in Kenya. /RED REPUBLIK STUDIO

"Did you know: Playing music, showing films, or using audiovisual content in your business without a copyright license is an offence under the Copyright Act, 2001 in Kenya," PAVRISK warned.

"Whether you have a salon, hotel, event space, matatu, bar, or even a clinic, you need a copyright licence to use music or audiovisual content legally."

In June 2024, the Kenya Copyright Board (KECOBO) granted PAVRISK the authority to issue copyright licences and invoices, as well as enforce penalties on businesses that fail to comply.

Businesses intending to use copyrighted music were directed to apply for the Unified Copyright License (UCL) via the agency’s website, license.pavrisk.or.ke.

PAVRISK warned that any business operating without the required licence risks being taken to small claims court and could face fines starting from Ksh 800,000.

This latest directive comes after legendary rapper Hubert Mbuku Nakitare, alias Nonini, was awarded by Principal Magistrate Hosea Ng’ang’a of the Milimani Commercial Magistrate Court Ksh4 million for a copyright infringement case against a multinational electronics company and social media influencer Brian Mutinda.

The judgment delivered in the commercial court was a landmark ruling for content creators in the country, as Kenya is gaining momentum as far as monetising creative content is concerned.

The Manzi wa Nairobi hitmaker had accused the social media influencer of publishing a short video meant to market one of the products of the company on his Instagram page and using one of his songs, which he argued were used without his permission.