Frequently asked Questions
- When do I need to obtain a music licence?
If you play music in your business, or want to use music in the promotion of a product, you need clearance from the owners of that music to do so. PAVRISK represents the rights of many owners of music and the dramatic works, and you should be able to get the clearances you need. PAVRISK provides access to Kenyan, African and the world’s music and dramatic works in an efficient manner.
- Does it matter whose music or dramatic work I use, or how it is used?
PAVRISK represents over 20 million songs and dramatic works including films, so if you are using such content it is likely to be content in copyright and falls within PAVRISK’s repertoire. If in doubt, please check with us.
Irrespective of whether you play music or exhibit dramatic works via Radio or TV, a CD/DVD, a satellite delivered service or arrange live music performances, you will need a copyright and related rights licence, issued by PAVRISK.
- What is the cost of a licence from PAVRISK?
PAVRISK’s Licence fees are reasonably priced. The cost is determined by the scope and nature of your use of the protected content. Please visit our website at www.pavrisk.or.ke for the various price applications.
- What is a public performance?
Protected content is regarded as being “performed in public” when it is played/exhibited outside what is deemed to be a domestic circle or home life. This would include most performances whether by TV and Radio or via online digital means.
- Do I need PAVRISK Licence if I use only TV or Radio, even for news, sports and talk channels?
Public performance includes music and or dramatic works performed by playing TV and Radio channels, including copyright content included as part of advertisements, theme songs and channel ‘identification’ music. News, Sports and Talk channels normally include some music or dramatic works use.
- What if my Employees bring in their own equipment? Do I still need a licence?
The ownership of equipment does not affect the requirement for a Copyright and related rights Licence. The question is whether content is performed in public. If PAVRISK’s content is performed in public, a PAVRISK Licence will be required. The premises owner or business owner is held legally liable for any unlicensed public performances/exhibitions of copyright content that takes place on their premises.
- I wasn’t aware of the requirement for a licence.
As with any licence requirement, it is the responsibility of the content user to understand and meet any legal obligations. In Kenya, everyone is required to comply with the Kenyan Copyright law (as defined in the Copyright Act of 2001).
If protected content is used in your premises, it is your responsibility to ensure that the correct licences are in place so that you and/or your employees/contractors working on your premises perform copyright music in public lawfully.
- If a person/inspector/agent claiming to be from PAVRISK wants access to my premises, how do I know they are from PAVRISK.
Sometimes PAVRISK receives odd reports that some people not connected with our organization have claimed to be from our offices in order to gain access to premises. Our officials often try to contact you in advance first and arranging an appointment. Where this is not possible, our staff members always carry Identification on them and you could call and check any details through our head office. If you have any concerns about the identity of anyone trying to gain entry to your premises, do not hesitate to contact us on the following numbers; ……………………… ………… or email us at hello@pavrisk.or.ke
- I have already paid for the CD/DVD or Download?
When you buy a CD/DVD or download etc., there is usually a disclaimer either on the product or in the terms of the download agreement advising that you aren’t purchasing the right to give a public performance, broadcast, communication or make any reproduction of the works. If you want to play music in your business, or on your telephone to callers on hold, or copy music for your business you must get the copyright owner’s permission. In most cases this takes the form of an annual PAVRISK licence.
- I only play music from a foreign country; do I still need a licence from PAVRISK?
Yes. PAVRISK is part of a worldwide network of collecting societies, which have reciprocal licensing arrangements. This allows PAVRISK’s members rights to be administered all over the world, and the rights of foreign protected content to be represented in Kenya by PAVRISK.
- PAVRISK already charges broadcasting stations a licence to broadcast music or use any dramatic work, why is another fee payable?
Different content owners have a number of separate rights under the Copyright Act to ensure that they receive a fair reward for the uses of their work. They have the right to authorise the broadcast of their content – hence the PAVRISK licence for Radio and TV stations to broadcast copyright material – and, quite separately, the right to control the public performance and communication of their work by Radio, TV or other means. Premises playing copyright music by Radio or TV are giving a public performance and those who use music on hold are authorising a communication to the public. Both uses of content require a PAVRISK licence.
- I pay a supplier for our music/music system/TVs, why do I have to still pay PAVRISK.
Most content/system suppliers recognise the existence of the Copyright Act and that PAVRISK fees are applicable for the use of their product/s in your business. Please note that the fees paid by you to your supplier/s are only in relation to the provision of their services or equipment. These fees do not include the public performance or communication of music in your business. If you have been advised or believe that your content/system is free of any obligation to PAVRISK please contact our office with further details and we will happily assist in clarifying the matter.
- How is using a TV on my premises considered a performance of copyrighted content?
All TV programming in Kenya whether free-to-air or subscription-based services (e.g. DSTV, ZUKU, Startimes, etc.) contains copyright content. If your business uses a TV to play television broadcasts or DVD’s then you are authorising any protected content contained in the programming to be performed in your business.
- How is PAVRISK going to licence all small businesses that play or use copyright protected content?
PAVRISK attempts to educate all business owners about copyright and license those that use protected content. Our approach is to provide relevant information to individual businesses, industry associations and small business groups. PAVRISK’s aim is to simplify the process of compliance to the dictates of the law, for those who use copyright protected content in public places.