Copyrights Law in Kenya
Here’s a detailed overview of Copyright Law in Kenya:
Copyright Law in Kenya
Kenya’s copyright framework protects original works of authorship and aligns with international treaties and regional frameworks.
1. Legal Framework
Primary Law:
Copyright Act, Cap 130 (revised in 2001 and amended subsequently).
Administering Bodies:
Kenya Copyright Board (KECOBO) (registration, policy, and enforcement support).
Kenya is a member of international treaties including:
Berne Convention,
WIPO Copyright Treaty (WCT),
Rome Convention,
TRIPS Agreement,
Regional agreements like African Regional Intellectual Property Organization (ARIPO).
2. Protected Works
Literary works (books, articles, software),
Musical works,
Artistic works (paintings, sculptures, photographs),
Cinematographic and audiovisual works,
Sound recordings and broadcasts,
Derivative works and translations.
3. Rights Granted
Economic Rights: Reproduction, distribution, public performance, broadcasting, communication to the public, rental, and adaptation.
Moral Rights: Right to attribution, right to integrity, and right to prevent false attribution.
4. Duration of Protection
| Type of Work | Duration |
|---|---|
| Literary, artistic, musical | Life of author + 50 years after death |
| Sound recordings and broadcasts | 50 years from first publication or broadcast |
| Anonymous or pseudonymous works | 50 years from publication |
5. Exceptions and Limitations
Kenyan law allows for exceptions including:
Fair dealing for research, private study, criticism, review, and news reporting,
Use for educational purposes,
Library and archival use,
Use by people with disabilities,
Judicial proceedings and public security.
6. Registration
Copyright protection is automatic upon creation.
Registration with KECOBO is optional but can help prove ownership and date.
7. Enforcement
Enforcement through civil courts and criminal prosecution.
Remedies include injunctions, damages, fines, and seizure of infringing copies.
KECOBO facilitates awareness and enforcement support.
8. International Treaties
Kenya adheres to:
Berne Convention,
WIPO Copyright Treaty,
Rome Convention,
TRIPS Agreement,
Regional frameworks such as ARIPO.
Summary Table
| Aspect | Details |
|---|---|
| Law | Copyright Act, Cap 130 (2001) |
| Protected Works | Literary, musical, artistic, audiovisual |
| Duration | Life of author + 50 years |
| Rights | Economic and moral rights |
| Registration | Automatic; optional registration |
| Enforcement | Civil and criminal remedies |
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