Definition:
Copyright is a form of intellectual property that grants the creator of an original work the
exclusive rights to use, display, distribute, and reproduce their work.
Legal framework
The Copyright Act 2001, Cap 130, is the law that governs copyright protection in Kenya.
It establishes the Kenya Copyright Board (KECOBO), headquartered in Nairobi, Kenya,
whose functions include:
● Overseeing the implementation of copyright laws and international treaties.
● Licensing and supervising collective management organizations;
● Promoting copyright awareness and training in collaboration with relevant bodies;
● Proposing improvements to copyright legislation;
● Educating the public on copyright matters;
● Maintaining a database of authors and their works;
● Enforcing copyright laws and handling related matters in Kenya.
There also exists the National Rights Registry, which is an office within the Board. The
functions of the Registry are:
● Registering rightholders digitally
● Digital registration of copyright works
● Authentication and authorization of consumers of copyright works;
● Media monitoring of registered copyright works;
● Tracking, monitoring, and dissemination of data or logs related to access of
registered copyright works
What works are granted protection?
Section 22 of the Copyright Act lists the following works to be eligible for copyright.
❖ Literary, Musical, and Artistic works on the condition that the creator must put
enough effort to make the work original, and document the work (written or
recorded), or capture it in some tangible form.
❖ Dramatic works
❖ Audio-visual works
❖ Sound recordings
❖ Broadcasts, but it has to be aired first for it to be eligible for protection.
It is important to know that rights protected by copyright accrue automatically to the
author if he/she fixes the work to a material form.
Also, failure by an author to register their work does not affect their right of ownership
or claim for infringement.
A work can still be protected by copyright even if it was created through copyright
infringement because the creation of a work involved infringing someone else’s copyright
does not automatically disqualify the new work from having its copyright protection.
How long is the protection?
| Type of Work | Date of Expiration of Copyright |
| Literary, musical, dramatic, or artistic work other than photographs | Fifty years after the end of the year in which the author dies. |
| Audio-visual works and photographs | Fifty years from the end of the year, the work was either made, made available to the public, or published, whichever date is the latest. |
| Sound recordings | Fifty years after the end of the year in which the recording was made. |
| Broadcasts | Fifty years after the end of the year in which the broadcast took place. |
When does infringement occur?
Copyright infringement occurs when someone uses a copyrighted work without the
owner’s permission in a way that violates their exclusive rights.
The copyright holder has exclusive rights to:
● Reproduce the work
● Distribute it (sell, rent, etc.)
● Publicly perform or display the work
● Broadcast or communicate it to the public
● Adapt the work (e.g., turn a book into a movie)
Performance of any of the above without permission from the owner is termed as
infringement. It also occurs when a person facilitates or enables infringement through
acts such as selling pirated works or running websites that distribute pirated works.
Penalties for Copyright Infringement in Kenya:
Under the Copyright Act:
● Criminal penalties:
○ Fines of up to KES 800,000 or
○ Imprisonment for up to 10 years, or both.
● Civil remedies:
○ Injunctions (court orders to stop the infringement)
○ Damages (monetary compensation)
○ Delivery up or destruction of infringing copies
○ Account of profits (surrendering any profits made from the infringement)
Defenses Against Infringement:
There are a few exceptions where using a copyrighted work may not be considered
infringement, such as:
● Fair dealing for purposes like research/private study, criticism, review or news
reporting.
● Educational use in certain settings
● Use under a license (like a Creative Commons license)
How We Can Help
At Prof. Tom Ojienda & Associates, we are committed to providing expert legal insights and
guidance across various practice areas. Whether you are an individual seeking legal redress
or an organization navigating complex regulatory frameworks, our experienced team is
here to support you. Our articles and insights are for informational purposes only and do
not constitute legal advice. For tailored legal solutions, please contact our team of
professionals at www.proftomojiendaandassociates.com to Stay Ahead of the Game.
