The Collecting Society Tariffs

Legal Notice 107 of 2019

Repealed
This Legal Notice was repealed on 2020-04-30 by Joint Collection Tariffs.
This is the version of this Legal Notice as it was when it was repealed.
Related documents

LAWS OF KENYA

COPYRIGHT ACT

THE COLLECTING SOCIETY TARIFFS

LEGAL NOTICE 107 OF 2019

  • Published in Kenya Gazette Vol. CXXI—No. 88 on 12 July 2019
  • Commenced on 12 July 2019
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
  2. [Revoked by Joint Collection Tariffs (Legal Notice 39 of 2020) on 30 April 2020]

JOINT COLLECTION TARIFFS

IN EXERCISE of the powers conferred by section 46A (a) of the Copyright Act (Cap. 130), the Attorney-General approves the Joint Collection Tariffs set out in the Schedule hereto.

SCHEDULE

CategoryParametersSound recording tariffAudiovisual tariff
AircraftSeating capacity1 — 50 seatsSh. 974Sh. 243
51 — 100Sh. 650Sh. 162
  More than 100 seatsSh. 405Sh. 100
Aired shows — live music performances (music shows aired on radio, television)Seating capacity and number of episodes per station Sh. 450Sh. 112
Amusement arcades/parks and fairgoundsSize of space/area in sq. ft. per unit of 25 sq. ft.IndoorSh. 1,250Sh. 312
OutdoorSh. 626Sh. 156
Minimum feeSh. 5,250Sh. 1,312
Professional training programmes, dace schools, DJ academies and music schoolsPer size of class1 — 25 studentsSh. 3,000Sh. 750
26 — 50 studentsSh. 5,000Sh. 1,250
More than 50 studentsSh. 10,000Sh. 2,500
Choirs and vocal ensemblesGross annual income per function subject to a minimum annual feeMaximum17%0.04%
Per functionSh. 434Sh. 108
Minimum annual feeSh. 5,250Sh. 1,313
CinemasPercentage of gross annual incomeAnnual rate17%4%
Minimum feeSh. 32,475Sh. 8,119
Private members' clubsSitting capacityClass A (More than 5,000 members or the equivalent of a hotel rated higher than three stars)  
1 — 50 membersSh. 410Sh. 102
51 — 75 membersSh. 326Sh. 81
76 — 100 membersSh. 273Sh. 68
More than 100 membersSh. 218Sh. 54
Class B (Fewer than 5,000 members or the equivalent of a hotel rated three stars or lower)  
1 — 50 membersSh. 273Sh. 68
51 — 75 membersSh. 218Sh. 54.50
76 — 100 membersSh. 167Sh. 41.75
More than 100 membersSh. 138Sh. 34.50
New media servicePercentage per nature of service subject to a minimumCaller ring back tones, ringtones, downloads, streaming, simulcast and webcasting50%12%
  Minimum rateSh. 400,000Sh. 100,000
Discotheques and dancehallsCapacity per dayLicense fee as percentage of gross income6%2%
Daily rate per unit of 50 persons37594
Minimum annual fee90,00022,500
Elevators and liftsPer carrying capacityFee per personSh. 425Sh. 106
Minimum fee per carSh. 4,250Sh. 1,313
Exhibition of films or videosFlat rateStandardSh. 8,775Sh. 2,194
Shops stores/spaces — Halls, gymnasia and fitness centres, hairdressing salons, barber shops, shops, stores, showrooms, banking halls, waiting rooms, offices and similar premises, industrial premises, factories, staff canteens, engineering/woodwork workshops and similar premisesPer square footage subject to a minimum annual fee1 — 1,000 sq. ft.Sh. 10Sh.3
1,001 — 2,000 sq. ft.Sh. 8Sh. 2
2,001 — 4,000 sq. ft.Sh. 7Sh. 2
More than 4,000 sq. ftSh. 6Sh. 2
Minimum annual feeSh. 5,000Sh. 1,250
Restaurants, bars and similar establishmentsSeating capacityClass A (High class and similar)  
1 — 50 personsSh. 410Sh. 102
51 — 75 personsSh. 326Sh. 82
76 — 100 personsSh. 273Sh. 68
More than 100 personsSh. 218Sh. 54
Class B (Middle class and similar)  
1 — 50 personsSh. 273Sh. 68
51 — 75 personSh. 218Sh. 54
76 — 100 personsSh. 167Sh. 42
More than 100 personsSh. 138Sh. 34
Class C (Low class and similar)  
1 — 50 personsSh. 218Sh. 55
51 — 75 personsSh. 167Sh. 42
76 — 100 personsSh. 108Sh. 27
More than 100 personsSh. 84Sh. 21
Minimum feesSh. 6,825Sh. 1,706
Hotels and multiroom/accommodation establishmentsPer square footClass A (High class or similar)  
Tier 1 (1 - 1,000 sq. ft.)Sh. 13Sh. 3
Tier 2 (1,001 to 2,000 sq. ft.)Sh.11Sh. 2
Tier 3 (2,001 - 4,000 sq. ft.)Sh. 9.50Sh. 2
Tier 4 (More than 4,000 sq. ft.)Sh. 8.50Sh. 2
Class B (Middle class and similar) Sh. 2
Tier 1 (1 - 1,000 sq. ft.)Sh. 11Sh. 2
Tier 2 (1,001 to 2,000 sq. ft.)Sh. 9.50Sh. 2
Tier 3 (2,001 - 4,000 sq. ft.)Sh. 9.50Sh. 2
Tier 4 (More than 4,000 sq. ft.)Sh. 6.50Sh. 2
Class C (Low class and similar) Sh. 2
Tier 1 (1 - 1,000 sq. ft.)Sh. 9.20Sh. 2
Tier 2 (1,001 to 2,000 sq. ft.)Sh.7.50Sh. 2
Tier 3 (2,001 - 4,000 sq. ft.)Sh. 5.50Sh. 2
Tier 4 (More than 4,000 sq. ft.)Sh. 4.50Sh. 1
Minimum feeSh. 5,000 
Supermarkets and large shopping areaPer square footage, audiovisual in non-exempt areas subject to a minimum of Sh. 5,0001 - 5000 sq. ftSh. 825% of the music/sound recording tarif
5001 - 10000 sq. ft.Sh. 6
10001 to 20000 sq. ft.Sh. 5
More than 20000 sq. ft.Sh. 4
JukeboxesPer annum per machineSh. 8,750Sh. 2,183
Mobile disc jockeysFlat ratePer disc jockeySh. 32,400Sh. 8,100
Motor vehicles - all commercial vehicles, TSVs, PSVs, taxis, car hire, etc.Per seating capacityTrucks and similar commercial vehiclesSh. 4,500Sh. 1,313
1 - 5 passengersSh. 4,500 
6 - 9 passengersSh. 5,250Sh. 1,313
10 - 14 passengersSh. 5,950Sh. 1,481
15 - 29 passengersSh. 12,300Sh. 3,075
30 - 33 passengersSh. 14,000Sh. 3,506
34 - 38 passengersSh. 15,750Sh. 3,938
39 - 46 passengersSh. 19,500Sh. 4,875
47 - 51 passengersSh. 21,700Sh. 5,419
52 to 61 passengersSh. 25,500Sh. 6,375
More than 62 passengersSh. 28,500Sh. 7,125
Tuk tuksSh. 900-
MotorcyclesSh. 600-
Live music performancesVenue capacity per performanceFee per day per unit of 50 personsSh. 222Sh. 56
ConcertsIncome per event subject to minimum deposit before eventRate per event5%2%
Minimum depositSh. 50,000Sh. 12,500
Music on holdFee per line subject to a minimum5 - 10 linesSh. 1,275 x 
21 - 50 linesSh. 975 
51 - 100 linesSh. 488 
More than 100 linesSh. 251 
Minimum feesSh. 4,875 
RoadshowsDaily rateCorporateSh. 39,975Sh. 9,994
Small and medium enterprisesSh. 20,025Sh. 5,000
IndividualSh. 9,000Sh. 2,250
 
 
Annual rateCorporateSh. 450,000Sh. 112,500
Small and medium enterprisesSh. 300,000Sh. 75,000
IndividualSh. 99,000Sh. 24,750
Other promotional activitiesEntity per day but not inclusive of audiovisualCorporateSh. 39,975Sh. 9,995
Small and mediumenterprisesSh. 20,025Sh. 5,000
IndividualSh. 9,000Sh. 2,250
Broadcasting (Radio)Percentage of gross revenue per copyrighted music content subject to minimum annual fees per category1 % - 29.9% content2% 
20% - 69.9% content4% 
More than 70% content6% 
Minimum annual feesCommercial broadcasters  
Multiple regionalSh. 1,296,000 
RegionalSh. 480,000 
Non-commercial broadcasters  
Multiple regionalSh. 480,000 
RegionalSh. 360,000 
Institutional/educationalSh. 120,000 
CommunitySh. 120,000 
Broadcasting (Television)Percentage of gross revenue per copyrighted music content subject to minimum annual fees per category1 % — 29.9% content0.6% 
20% — 69.9%content1.3% 
More than 70% content2% 
Minimum annual feesCommercial broadcasters  
Multiple regionalSh. 432,000 
RegionalSh. 160,000 
Non-commercial broadcasters  
Multiple regionalSh. 160,000 
RegionalSh. 120,000 
Institutional/educationalSh. 40,000 
CommunitySh. 40,000 
ReproductionFor adaptation, the charge is applicable per songFlat rateSh. 300,000Sh. 75,000
SynchronizationPer 30 seconds per slot by number of stations (Duration of movie, programme or documentary)RadioSh. 1,125 
Television Sh. 1,400
Movies, films and TV programmes Sh. 2,800
Documentaries Sh.2,800

GENERAL RULES

1.The licenses shall be payable annually (calendar year) with joint invoices being payable within one month of issue.
2.The penalty for non-compliance shall be 5% of the tariff compounded for the period it remains unpaid.
3.Businesses starting within the license term shall pay amounts due on a pro rata basis for the remainder of the calendar year.
4.The tariff shall be subject to annual increment pegged on the prevailing rate of inflation.
5.The rates shall not include taxes or other levies.
6.There shall be levy for supermarkets for sections that display visuals without music or for electronics testing.
7.In the case of disc jockeys, the primary liability to pay shall belong to the organization that causes the public performance of music. The tariff shall only include disc jockeys in unlicensed premises and exclude resident disc jockeys, teaching disc jockeys and disc jockeys at church events.
8.The audiovisual tariff shall include actors.
9.Charity and fundraising events shall be exempted from this license.
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History of this document

31 December 2022 this version
30 April 2020
12 July 2019