Doctors Reject Music License Fees for Hospitals, Term Move Unlawful

The Kenya Medical Association (KMA) has strongly opposed a directive by the Music Copyright Society of Kenya (MCSK) requiring hospitals to obtain a license before playing copyrighted music on their premises.

Earlier this year, MCSK listed hospitals among establishments expected to pay for a Unified Copyright License, including music played on waiting room televisions.

But in a statement on Monday, KMA dismissed the directive as unlawful, noting that the High Court had already barred the society from charging health facilities in a ruling delivered on July 29, 2025.

“Any attempt to reintroduce these charges is therefore not only unfair but also unlawful and in direct contravention of a valid court ruling,” the doctors’ lobby said.

The association argued that the move amounted to double taxation, since hospitals already pay hefty statutory and regulatory fees to the Kenya Medical Practitioners and Dentists Council (KMPDC) for licensing and compliance.

KMA also faulted the logic of grouping hospitals with entertainment venues such as clubs and hotels, stressing that health facilities only use music in incidental ways mainly to improve patient recovery and well-being, not for profit.

According to the doctors, imposing extra costs would ultimately divert resources from patient care and weaken efforts to improve access and quality of healthcare.

They further criticized MCSK for failing to consult the health sector, saying the directive overlooked the unique realities of hospitals and the balance needed between artists’ rights and essential service delivery.

“In light of the above, KMA categorically rejects the implementation of these regulations on healthcare institutions,” the statement read. “We urge the Society to withdraw these regulations as they apply to medical facilities and instead engage in structured consultations to create a framework that protects artists while respecting hospitals’ legal and financial obligations.”

The row comes as the Kenya Copyright Board (KECOBO) pushes for a joint licensing framework involving MCSK, the Kenya Association of Music Producers (KAMP), and the Performing and Audiovisual Rights Society of Kenya (PAVRISK).

The consolidated tariff for 2025–2028 is under review after disputes between the CMOs, with MCSK objecting to being sidelined in the process.

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