The High Court has ruled that the Music Copyright Society of Kenya (MCSK) must present its dispute over royalties to the Copyright Tribunal before seeking legal redress in the courts. This decision comes after the respondents in the case raised a preliminary objection, arguing that MCSK had not exhausted all internal mechanisms for resolving the matter.
In its ruling, the court cited the provisions of the Copyright Act, which designates the Copyright Tribunal as the first point of resolution for disputes involving copyright-related issues. The court emphasized the legal doctrine of exhaustion, which requires that all available dispute resolution mechanisms be utilized before a matter can be brought before a court.
“I will therefore not proceed to consider the application on merit at this point,” the court stated, affirming that MCSK’s case was premature.
The ruling effectively halts MCSK’s ability to collect and distribute royalties to its affiliate members until the Copyright Tribunal issues a decision on the dispute. This development is likely to have significant implications for Kenyan artists and copyright holders who depend on royalty payments for their livelihood.
The Copyright Tribunal is a specialized body established to handle copyright disputes efficiently and fairly. By directing MCSK to seek redress through this tribunal, the court reinforces the importance of following legally prescribed procedures before escalating cases to higher judicial levels.
This decision also highlights the ongoing challenges within Kenya’s copyright and royalty collection system. Over the years, MCSK has faced scrutiny over transparency in royalty distribution, with many artists expressing concerns about inadequate payments and unclear financial management.
As the matter now moves to the Copyright Tribunal, stakeholders in Kenya’s music industry will be watching closely to see how the dispute is resolved and whether it sets a precedent for future royalty-related conflicts. The outcome could shape the future of copyright administration and the earnings of artists in the country.
