The Bench

Licensing

Find out more about  licensing.

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Q: What is equitable remuneration?

PRISK represents musicians and actors. This can be further classified as follows:

Musicians: Vocalists (in main role and featured role), Track producers, Background Vocalists and Instrumentalists.

Actors: Performers in recorded films and series in main, featuring and supporting roles.

Q: Why do I need a License for Communication to the Public of Sound Recordings and Audio Visual Works?

Some of the benefits that performers stand to enjoy by registering as members of PRISK include:

  • Receiving royalty payments when their works are played on radio, TV and other public places in Kenya.
  • Access to medical insurance scheme to cater for impatient medical expenses.
  • Access to the Social and Cultural Fund (This is subject to the rules and procedures laid out for the Fund)
  • No deduction of 50% of administration fee for royalty collection.
  • Receiving royalty payments on international plays of their works from other Collective Management Organizations once PRISK enters into reciprocal agreements.
  • Attending training seminars that PRISK organizes form time to time in corporation with various stakeholders in the entertainment industry to sensitize performers on various issues that affect them.
  • Upcoming performers get a chance to interact with already established performers during meetings organized by PRISK, thereby getting advice on how to grow their careers.
  • Priority access to opportunities presented to musicians and actors as and when they arise.
  • Through PRISK performers have a unified voice to let their concerns and matters that affect them known to other institutions.
Q: Who should apply for a KAMP-PRISK license?

PRISK administers performance rights in sound recordings and audio/visual works in the following avenues:

  • Broadcasting – licensing of broadcasting stations for the use of performance in a sound recording or audio-visual work
  • Communication to the Public – business establishments that publicly play sound recordings and audio-visual works e .g Public Service Vehicles (PSV), Hotels, Restaurants, clubs, Bars, Supermarkets, Banks, Cinema Halls, Shopping Malls, Music Stores, Events, Cyber Cafes, Salons, Gymnasiums etc.
  • New Media Services – online exploitation through digital downloads by streaming or as a mobile phone ring tone, video-on-demand and catch-up television.
  • Cable Retransmission – Cable operators can pick up a terrestrial television signal and retransmit over a cable network. In return for the transmission, cable operators should pay into a collective pot that is divided amongst the relevant rights-holders as payment for the use of their works.
  • Synchronisation – when work is synchronised to visual images, video or film.
  • Blank media levies – blank media is a levy on blank recording equipment or devices that is paid to rights-holders as a compensation for legalised private copying.
  • Rental – for audio-visual performers rental remuneration should be paid by video/DVD outlets or distributors for the use of performers’ works in the rental market.
Q: How much does a License for Communication to the Public of Sound Recordings and Audio Visual Works cost?
PRISK represents every single performer of sound recordings and audio-visual works protected in the Republic of Kenya, whether they are members or not. However, it is important to note that in order to make the royalty payments, the society requires the personal details of the performers and their recording (s) for purposes of monitoring. If a performer wants to claim their royalty payments but does not want to be a member, an admission cost of 50% of the royalty amount will be charged. This cost id directed to the Society’s Social and Cultural Fund for the benefits of its members.
Q: Is there any legal requirement to pay KAMP-PRISK license fees?
All three are Collective Management Organizations, but they separately administer three different classes of rights. MCSK administers the copyright for authors, composers,, arrangers and music publishers of musical works. KAMP administers the related rights of producers of sound recordings while PRISK administers the related rights or performers of sound recording and audio-visual works. Even though KAMP and PRISK work together in issuing a joint license to users of sound recordings and audio-visual works, their constitutions, membership and guardianship of rights and responsibilities are different.
Q: What are the consequences of operating a business without an appropriate license?
This is a Fund set aside for the benefit of PRISK members. The Fund basically assists members in social and cultural issues e. g when a member is hospitalized in ICU or HDU cases, the Society contributes some amounts towards the hospital bill or when a member dies, some amount is contributed towards his/her funeral arrangements etc. The Fund is grown from different contributions including 10% of distributable amounts and unclaimed royalties.
Q: What does “communication to the public” mean?
Yes. According to PRISK’s distribution rules, a performer will get their royalty payments for up to three (3) years back before they became members. This rule is subject to the first distribution date. PRISK made its royalty distribution in 2014 therefore no distribution payments can be made prior to this year. After 3 years, unclaimed royalty amounts are directed to the Social and Cultural Fund.
Q: I pay MCSK for broadcast and public performance rights? What is the difference?
Yes. According to PRISK’s distribution rules, a performer will get their royalty payments for up to three (3) years back before they became members. This rule is subject to the first distribution date. PRISK made its royalty distribution in 2014 therefore no distribution payments can be made prior to this year. After 3 years, unclaimed royalty amounts are directed to the Social and Cultural Fund.
Q: Is a KAMP-PRISK license required for live music performances?
Yes. According to PRISK’s distribution rules, a performer will get their royalty payments for up to three (3) years back before they became members. This rule is subject to the first distribution date. PRISK made its royalty distribution in 2014 therefore no distribution payments can be made prior to this year. After 3 years, unclaimed royalty amounts are directed to the Social and Cultural Fund.
Q: I only play music from the radio; do I still need a license?
Yes. According to PRISK’s distribution rules, a performer will get their royalty payments for up to three (3) years back before they became members. This rule is subject to the first distribution date. PRISK made its royalty distribution in 2014 therefore no distribution payments can be made prior to this year. After 3 years, unclaimed royalty amounts are directed to the Social and Cultural Fund.
Q: Should I notify PRISK if I am the new owner of a business and use sound recordings and/or audio visual works?
A: Currently PRISK is doing monitoring for only radio stations.
Q: I am an event organizer or promoter. Do I need a license?
A: Distribution is based on “pay for play”. However, a small amount may be payable as general distribution upon board approval for each particular year.
Q: There are regular dance parties at our hotel but we do not organize them – we just provide the premises but do not collect any takings. Why should we pay KAMP-PRISK fees?
A: Currently PRISK is doing monitoring for only radio stations.
Q: I run a nightclub or premises for hire; is the DJ not already covered?
A: Currently PRISK is doing monitoring for only radio stations.
Q: I paid for the CDs, Why do I need a KAMP-PRISK license to play them in my business?
A: Since the earliest days of commercially released sound recordings and audio visual works, a notice along the following lines has been printed on original tapes, records and CDs or the accompanying booklets or sleeves: “Unauthorised copying, hiring, public performance and broadcasting of this recording is prohibited”. Even in the absence of these ubiquitous notices, the provisions of the Copyright Act 2001 make it quite clear that the purchaser, or holder in good faith, of a sound carrier like a CD, does not acquire the rights to broadcast, diffuse and communicate to the public the sound recordings that have been acquired, but that these rights are, in fact, held by the copyright and related rights holders.
Q: How does music add value to the organisations that are licensed by KAMP-PRISK?
A: The use of music provides significant value to businesses, broadcasters and other organisations. This has been validated by research in other countries. For example, in UK the Music Works study found that 94% of UK bar-goers say background music is either a very important or important factor in giving bars a great atmosphere. For fitness clubs, 77% of respondents agreed that a gym with music was more appealing to them than a gym without. Details of the study and many other statistics on the value of music business can be found at www.musicworksforyou.com >>If you have any other questions concerning the Communication To The Public License send them to the email addresses info@prisk.or.ke and info@kamp.or.ke
Q. Does KAMP-PRISK collect and distribute for performers in other countries other than Kenya?
A. KAMP-PRISK are mandated to license users of SR and AV within the Republic of Kenya under Equitable Remuneration Rights (Sec 30 A). Even though KAMP-PRISK does not currently have reciprocal agreements with other CMOs, it should be noted that the tariffs are not based on quantity of usage hence whether one plays only one (1) local song in a year, they would still be required to pay the license fee based on the existing tariffs. Further users are required to take out a license with KAMP-PRISK prospectively. KAMP-PRISK tariffs are not subject to regulation by any other CMO within or without the Republic of Kenya.

Account Details

Account Name

KAMP-PRISK

Account Number

6788330018

Bank Name

Commercial Bank of Africa (CBA)

Bank Code

07-0717 (Junction Branch)