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Copyright Infringement In Kenya |I P Law

Joy Waweru | 1 year ago
Copyright Infringement in Kenya FILE:COURTESY
Copyright Infringement in Kenya FILE:COURTESY


Copyright is the act of violating copyright owners' exclusive property rights.


Copyright seeks to protect the intellectual properties of its owners; producers of audiovisual works and films; architects; performers; broadcasters and other creators of literary, musical, artistic, audio-visual, and sound recordings, and broadcasts.


Copyright law protects the expression of an idea and not the idea itself. Other material that is not protected by copyright includes logos, factual knowledge, symbols, and titles.



In Kenya Copyright Act 2001, contains the statutory framework for copyright law.

 These rights include:distribution,communication to the public,sale ,hiring,reproduction,broadcasting,adaption and translation.


Copyright infringement can be both a civil and criminal offense.

It happens when one or all of the following acts takes place without express permission from the copyright owner.

•Distributing the works to the public

•Copying the work eg by handwriting printed copy, photocopying, scanning, or making a copy of recorded music.

•Making adaptations or adjustments to the work. For example through translating languages and converting computer programs into different codes.

•Broadcasting the work to the public.

•Performing, broadcasting, or showing copyrighted work in public.


Disposal or transfer of copyright is executed in the same way as any other physical property. a copyright owner transfers his rights wholly or in part and must be put down in writing in line with the Copyright Act.


Enforcing the copyright rules and regulations is the mandate of the Kenya Copyright Board famously referred to as KECOBO.

Other functions include:

•Advising the government on copyright issues

•Issuing the anti-piracy device

•Creating and running the copyright database in Kenya

•Training, raising awareness, and advocacy on copyright matters


The body also conducts a preliminary investigation and confiscates copyrighted material before escalating the issue to the court system.


Copyright protection lasts for the lifetime of the author plus an additional 50 years. In the case of joint ownership, the copyright protection lasts for the lifetime of the partners and 50 more years after the death of the last partner.


Limitations of Copyright Infringement

•Research

•Criticism or review

•Reporting of current events

•Private use



Essential Requirements to  Register Copyright

•Must be works of original authorship

•With the application form, submit two copies of the original work

•The work should be in a tangible format

•Submission of the duly filled application letter together with the application fee

•The application letter should be commissioned by the commissioner of oaths.

•After verification of the application letter the Kenya Copyright Board issues a certificate.


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