Memes, the new order of the day.

Trust Kenyans to find something to laugh about even in the most serious of issues.

Forgive my oblivion let's start by addressing what memes are. They are images videos and text often very brief in nature and shared rapidly by internet users over social media...

Unknown to many, are intellectual property and copyright infringement laws. We will get into that in just a bit. I will give you context first.

Very recently Arap Marondich has become a sensation online from a video that has since gone viral not only in Kenya but across the world.

The video was shot in Rongai with his counterpart Tula Chemoget imitating rally drivers in the World Rally Championship(WRC)Safari Rally.

Some brands swiftly swung into action creating branded content for an advertisement featuring the two comedians.

KECOBO caught individuals and brands unaware by citing the outright infringement of copyright laws by using the comedians' images without express permission /consent.

Another case in point:In July 2022, Nonini a musician in Kenya threatened to take legal action against one creator Brian Mutinda who created an advert for a local brand using Nonini's music. The song was used for financial gain without a formal agreement between the advertiser and creator resulting in copyright infringement.

Intellectual property is an area in the law that protects and promotes the creation of the mind. Works covered by copyright include literary, musical, broadcasts, sound recordings, and all artistic works. Copyright law ensures that the creators are compensated for their creative activity.

Ignorance is rife but as the popular quote says ignorance is no defense.

Educate yourself and follow due process to avoid prosecution and  paying damages in a court of law.

These rights include reproduction, distribution, broadcasting and communication to the public.

An owner of copyright may transfer his rights either wholly or partly, in the same manner, physical property is dealt with.

So the next time you share a meme promoting your brand ensure it doesn't infringe on copyright. Be wary.

Copyright exceptions for use of  image in this article for purpose of education.