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A Guide to Copyright in Kenya

The Kenya Copyright Board stipulates an introduction and basic guidelines copyright and related rights in Kenya. Intellectual Property This law peotects and promotes creations of the mind, there are two brances of intelectual property:

1. Industrial Property – Trademarks,Patents, Industrial desighns, Utility models, Service marks,Layout Designs.

2. Copyright – It relates to literary, artistic and musical works like Books, Computer Programs, music,Films, Photographs, art and sculptures among otherthings.

Copyright – Haki miliki,rights granted by law to authors of literary works. Copyright covers:

1. Literery

2. Musical

3. Audio – Visual

4. Artistic works

5. Sound recordings

6. Broadcasts The rights under copyright protection offers a righs ownerst to Economic rights, Relatedrights and moral rights.

Kenya is a member of the World Trade Organisation (WTO) the treaty includes Trade related Aspects of Intellectual Property Agreement that define international standards. Infringment of copyright occurs if a person other thanthe author or someone authorised by him, does any of the folowing acts: sale or hire of work.

The criminal action entails the right holder may choose to pursue criminal action against the infringer. The criminal sanctions include:

1. Maximum fines of up to Kshs 800,000/=

2. maximum custodial sentence of up to 10 years

3. Both fines and custodial sentences – Criminal and civil actions are non-exclusive and many proceed concurently. The Digital copyright Act has incoporated the provisions of the two WIPO inerntet trities; The WIPO Copyright Treaty (WCT) and the WIPO peformances and Phonograms Treaty (WPPT). There treaties address issues that arose with the use of copyright works in the digital environment.

The act makes it an offence to circumvent any technical measures designed to protect copyright works or remove any rights management information.

For further information contact the executive Director Kenya Copyright Board on email: info@copyright.go.ke

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