Copyright is a form of intellectual property that gives authors (creators of the works) exclusive rights to deal with the works in whatever manner permissible under the law. The first copyright law known in history is the Statute of Anne 1710 in Britain that granted right to authors and purchasers of books. Copyright law in Kenya works under the following legal frameworks:
The copyright act, 2001 established the Kenya Copyright Board. The act also highlights the protection of copyright and related rights, infringement and enforcement, exceptions and works in public domain, collective management of copyright and administrative issues.
- Kenya Copyright Board: among the functions are to direct, co-ordinate and ensure implantation of laws and international treaties related to copyright, administer, and enforce all matters of copyright and related rights in Kenya among others.
- Protection of Copyright & Related Rights: Works eligible for copyright protection include artistic, musical, literary, artistic, dramatic, audio-visual, sound recording, broadcast, computer programs (Apps). Protected rights are for 50 years after the death of the author, death of the last joint owner, or 50 years from the first time the work was first created.
- Infringement & Enforcement: This involves use of protected works without consent or authority of the copyright holder such as, making for sale or hiring on infringing copyright copy, selling, or letting for hire or by way of trade, exposes or offers for sale infringing copy, distributing infringing copy.
- Exceptions and Works in Public Domain: Not all eligible works are protected by copyright. Some works are available for use without the consent of the exclusive right holder such as: limited use for private and domestic, non-commercial purposes, works in public domain.
- Collective Management of Copyright: Involves handling of licensing to users, collection of royalties and distribution to members of works which may be difficult to manage individually.
Registration of Copyright is free and voluntary at www.nrr.copyright.go.ke create an account and upload your work. Copyright protection is automatic.
Source: Wycliffe Jaketch, KECOBO
