Music Licence Agreement (Kenya)

A Music Licence Agreement in Kenya records the obligations the parties accept and the terms governing their arrangement.

Section 30 of the Copyright Act No. 12 of 2001 establishes the rights of the copyright owner in a musical work, including the exclusive rights to perform the work in public, broadcast the work, communicate it to the public, make reproductions of the work, and authorise others to do any of these acts. A Music Licence Agreement under Section 30 is the mechanism by which a copyright owner authorises a licensee to exercise one or more of these exclusive rights without infringing copyright.

Kenyan music copyright law recognises two layers of protected rights in a commercially released song: the musical work (the composition and lyrics, protected as a literary and artistic work under Section 22 of the Copyright Act No. 12 of 2001) and the sound recording (the particular recorded performance, protected separately under Section 30). A licensee who requires both layers of rights — for example, to synchronise a released song with a television advertisement — must obtain a synchronisation licence from the publisher or composer for the composition, and a master licence from the record label or artist for the sound recording.

The Music Copyright Society of Kenya (MCSK) is a Collecting Management Organisation (CMO) registered under Section 46 of the Copyright Act No. 12 of 2001 and licensed by the Kenya Copyright Board to collect and distribute performing rights royalties on behalf of music composers and publishers. The Performers Rights Society of Kenya (PRiSK) similarly collects and distributes rights on behalf of recording artists and music producers. Businesses that use music publicly — restaurants, radio stations, event organisers, streaming platforms — must obtain blanket licences from MCSK and PRiSK under Section 46 of the Copyright Act in addition to any direct licence obtained from the individual copyright owner.

The Copyright Act No. 12 of 2001 s.35 provides for the duration of copyright in musical works: life of the author plus 50 years. Copyright in sound recordings endures for 50 years from the date of publication. Works in which copyright has expired enter the public domain and may be used without a licence. The Kenya Copyright Board (KECOBO) maintains a register of copyrighted works and can assist in identifying the copyright owner of a specific work.

The Competition Act No. 12 of 2010 administered by the Competition Authority of Kenya (CAK) has scrutinised the licensing practices of music CMOs in Kenya to confirm that blanket licence fees do not constitute abuse of dominance under Section 24 of the Competition Act. The CAK has authority to investigate licensing fee structures that it considers to be unfairly restrictive to music users.

A Music Licence Agreement in Kenya is required whenever a person or business wishes to use a copyrighted musical work or sound recording in a manner that goes beyond fair dealing under Section 26 of the Copyright Act No. 12 of 2001 — which permits limited use for personal study, research, criticism, and news reporting without a licence.

A Music Licence Agreement is needed when a Kenyan radio station regulated by the Communications Authority of Kenya (CA) under the Kenya Information and Communications Act Cap. 411A broadcasts copyrighted music on-air. The radio station must hold a blanket performance licence from MCSK for musical compositions and a blanket licence from PRiSK for sound recordings, and may additionally need a direct synchronisation licence from the rights owner for specific commercial uses. A documented Music Licence Agreement protects the station from copyright infringement claims under Section 35 of the Copyright Act No. 12 of 2001.

A Music Licence Agreement is required when a Kenyan advertising agency uses a popular song in a television or digital advertisement for a brand. The synchronisation licence ("sync licence") must be negotiated directly with the music publisher or composer for the composition rights and with the record label or artist for the master recording rights. Without a written Music Licence Agreement, the advertiser risks an infringement claim for substantial statutory damages under the Copyright Act.

A Music Licence Agreement is needed when a digital streaming platform operating in Kenya, such as a local music streaming service, agrees to stream specific recordings by a Kenyan artist. The platform must license the master recording from the artist or record label and may also need performing rights cleared through MCSK if the platform broadcasts to multiple users simultaneously in a manner constituting a public performance.

A Music Licence Agreement is required when an event organiser plans to use recorded music as background for a corporate event, wedding, or live performance in Kenya, and wants a written record of the licence obtained from the copyright owner or MCSK and PRiSK, providing protection against claims and evidence of compliance with the Copyright Act No. 12 of 2001.

A Music Licence Agreement is needed when a filmmaker producing a Kenyan film, documentary, or television series wishes to include a specific song in the soundtrack. The Music Licence Agreement documents the synchronisation rights obtained, the territory (Kenya, East Africa, worldwide), the media (theatrical, television, online), and the royalty payable to the licensor.

A Kenya Music Licence Agreement under the Copyright Act No. 12 of 2001 s.30 and the Kenya Copyright Board licensing framework must contain the following essential elements to be enforceable, clear in scope, and compliant with Kenya's intellectual property law.

Parties and Rights Ownership: Full legal name of the licensor (copyright owner, music publisher, record label, or CMO); confirmation of the licensor's title to the rights being licensed — whether as original author, assignee, or exclusive licensee with sublicensing rights; the licensor's KECOBO copyright registration number if the work is registered; and the full legal name and contact details of the licensee.

Description of the Licensed Work: The precise title of the musical work and/or sound recording licensed; the name of the composer, lyricist, and/or recording artist; the International Standard Recording Code (ISRC) for sound recordings and the International Standard Musical Work Code (ISWC) for musical compositions if available; the name of the publisher or record label; and the duration of the recording in minutes and seconds for specific track licences.

Grant of Rights: The specific rights granted under Section 30 of the Copyright Act No. 12 of 2001 — performance rights, broadcast rights, synchronisation rights, mechanical reproduction rights, digital download rights, or streaming rights — and whether the licence is exclusive (granting only the licensee the right to use the work in the specified manner) or non-exclusive (allowing the licensor to continue granting the same rights to others).

Territory and Media: The geographic territory within which the licence is valid — Kenya only, East Africa, Sub-Saharan Africa, or worldwide; the permitted media — terrestrial television, radio, online/streaming, theatrical exhibition, social media, or physical goods — and any restrictions on specific platforms or channels. Digital use must specify whether the licence covers streaming, downloads, or both.

Term: The period during which the licence is valid — a fixed term (e.g. One year, three years) or the full duration of copyright under Section 35 of the Copyright Act No. 12 of 2001. Synchronisation licences for advertising campaigns are typically tied to the campaign period.

Royalties and Fees: The royalty structure — flat licence fee, percentage of revenue, per-stream rate, per-unit mechanical royalty — the payment frequency, the currency (Kenya Shillings under the Central Bank of Kenya exchange control guidelines), and the audit rights of the licensor over the licensee's revenue records. MCSK blanket licence fees are published by MCSK with KECOBO oversight.

Credits and Attribution: The credit line the licensee must display or broadcast when using the licensed work — composer name, publisher, and MCSK/PRiSK acknowledgment where required by the CMO's standard licence conditions.

CMO Obligations: Acknowledgment that the Music Licence Agreement does not replace the obligation to hold a blanket performing rights licence from the Music Copyright Society of Kenya (MCSK) and the Performers Rights Society of Kenya (PRiSK) under Section 46 of the Copyright Act No. 12 of 2001, where the use constitutes a public performance or broadcast. Licensees operating public venues must maintain current MCSK and PRiSK licences separately.

Infringement Remedies: Remedies available under Section 35 of the Copyright Act No. 12 of 2001 for infringement include injunctions from the High Court of Kenya, statutory damages, delivery up and destruction of infringing copies, and criminal prosecution under Section 38 of the Copyright Act for wilful infringement. The Magistrates Court has jurisdiction for lower-value copyright claims.

Governing Law: The agreement is governed by the laws of Kenya, including the Copyright Act No. 12 of 2001, the Law of Contract Act Cap. 23, and the Kenya Copyright Board's licensing guidelines. Disputes are resolved before the High Court of Kenya (Intellectual Property Division) or by arbitration under the Arbitration Act No. 4 of 1995. The forms-legal.com Kenya Music Licence Agreement template covers all mandatory elements under the Copyright Act No. 12 of 2001 s.30 and KECOBO licensing requirements.