The Kenya Copyright Board (KECOBO) recently introduced new regulations requiring restaurant owners to obtain licenses to play music or audiovisual content in their establishments.
This move has sparked widespread outrage and debate among restaurant owners, who view the new regulations as an undue financial burden.
According to KECOBO, restaurants must apply for their licenses through collective management organisations (CMOs).
The primary CMO handling these licenses is the Music Copyright Society of Kenya (MCSK), which represents authors, composers, and publishers of musical works.
To legally play music in their establishments, restaurant owners need to comply with several requirements.
• Application process: Owners must apply through MCSK, which issues the licenses.
• Coverage: The license covers performances of music and audiovisual works, including radio, disc players, tape machines, video cassette players, television, and digitised music as background performances.
• Fees: KECOBO calculate the license fees as a percentage of the single business permit and liquor licenses, respectively. The license’s minimum flat rate is Ksh 9,000 per year.
Failure to obtain the necessary license can result in severe penalties.
• Fines: A fine not exceeding Ksh500,000.
• Imprisonment: A jail term of up to four years. In some cases, both penalties may apply.
There has been fierce resistance to this directive.
Some vocal critics have taken to social media to express their frustration, calling the new regulations a form of extortion.
“Compelling restaurant owners to have KECOBO licenses is extortion. “Are you telling Kenyan business premises not to operate without any Kenyan music content or electronic gadgets at all?” users asked.
“Without being sentimental or contradictory, this regulation will kill small businesses. It’s not sustainable.”