On 28th April 2017, the Attorney General (AG) revoked the Copyright Act Tariffs of 2015. Through Legal Notice Number 57 of 2017, the AG introduced new tariff rates which take effect from the date of publication to 31st December, 2018. The move is aimed at increasing earnings for musicians.
Under the introduced tariffs, boda boda (bicycle or motorcycle taxis) operators, barber shops, gyms and night club owners will start paying for music played in their premises. Under the new tariffs, boda boda operators will pay Kshs. 300 (US$ 3) for playing music on their bikes, Tuk Tuk (three wheeled taxis) operators Kshs. 900 (US$ 9) whereas barber shops, gyms and salons will pay up to Kshs. 6,250 (US$ 61).The fees paid by public transport operators, radio operators and aircraft have also been revised up wards.
Politicians, Corporate entities, NGOs and State agencies undertaking promotional road shows shall pay the Music Publishers Association of Kenya Kshs. 30,000 (US$ 290) per day or a flat annual fee of Kshs. 620,000 (US$ 6,020) for truck roadshows.
Artistes performing live concerts will pay up to Kshs. 1.5 million (US $ 14,565) annually for playing other artistes’ music, with night clubs paying a maximum fee of Kshs. 500,000 (US$ 4,855). Finally, mobile phone companies will pay up to 50% of the income generated from ring back tones.
The tariff shall be revised annually to cater for prevailing inflation rates. The Music Publishers Association of Kenya has its work cut out after it recently took over from the Music Copyright Society of Kenya Limited (MSCK) whose license was not renewed.
