Copyright law in Kenya is regulated by the Copyright Act (2001) and its associated regulations. This Act protects original works of authorship, including literary, musical, and artistic works. Copyright law is an important aspect of intellectual property law in Kenya. By understanding the rules and regulations of copyright law, creators and owners of copyrighted works can protect their rights and ensure fair use of their works by others.
Comprehensive guide to copyright law in Kenya:
- Copyrightable Works: In Kenya, copyright protects original literary, musical, and artistic works, as well as sound recordings, films, broadcasts, and computer programs.
- Copyright Protection: Copyright protection is automatic, meaning that a work is protected as soon as it is created. However, registration with the Kenya Copyright Board (KECOBO) is recommended to facilitate enforcement.
- Duration of Protection: In Kenya, copyright protection lasts for the life of the author plus 50 years after their death. For works created by a corporate entity, protection lasts for 50 years from the date of creation.
- Copyright Infringement: Copyright infringement occurs when someone uses a copyrighted work without the owner’s permission. Infringement can include copying, distributing, performing, or displaying a work without authorization.
- Exceptions to Copyright: The Copyright Act includes several exceptions to copyright protection, including fair use for research, criticism, or review; educational use; and private use.
- Copyright Ownership: In general, the author or creator of a work owns the copyright. However, if the work is created by an employee in the course of their employment, the employer may own the copyright.
- Copyright Registration: Copyright registration is not mandatory in Kenya, but it is recommended to facilitate enforcement. To register a copyright, an application must be filed with KECOBO and a fee paid.
- Copyright Enforcement: Copyright owners can enforce their rights through civil and criminal proceedings. Civil remedies include injunctions, damages, and account of profits. Criminal penalties for copyright infringement can include fines and imprisonment.
- Collective Management Organizations (CMOs): CMOs are organizations that manage the rights of multiple copyright owners. In Kenya, CMOs are regulated by KECOBO and include organizations for music, film, and other types of works.
- International Treaties: Kenya is a signatory to several international copyright treaties, including the Berne Convention and the World Intellectual Property Organization (WIPO) Copyright Treaty.