The Copyright Act 2001

Where
Kenya
When
2016
Who
Kenya Copyright Board
Key objectives of the measure:

The government in the last two years has been reviewing the Copyright Act 2001 which provides for protection of artistic related rights. The review of the Copyright Act is aimed at strengthening the protection of rights related to cultural expressions to ensure that creators benefit from their works and talents. The Kenya Copyright Board is mandated with the administration and enforcement of copyright and related rights and is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. It’s Board is comprised of members drawn from both the public and private sectors.  The members from the private sector are nominated by associations representing software, producers of sound recordings, publishers, film distributors, performers, broadcasting stations, musicians and the audio-visual industry. The Board Licenses and supervises activities of Collective Management Organizations (CMO’s) as provided for under the Act. The (CMO’s) are very important in managing and negotiating distribution of creative works. They advocate for fair bargains for use of creative works and are engaged in monitoring use of copyrights. They maintain   an effective databank of creative works and monitor use. The Collection Management Organizations (CMO’s) collect and distribute royalties to musicians, performers and producers. These CMO’s have in the past four years strengthened their collection capacities increasing annual incomes for their members.  Strengthening of the Music Copyright Society of Kenya has enhanced collection and distribution of music royalties to its members.  The CMO’s collects on behalf of registered artists royalties. Through regular payments of royalties the organization has encouraged many young people to enter the industry f

Scope of the measure:
National
Nature of the measure:
legislative
Main feature of the measure:

The main feature of the measure is the Kenya Copyright Board (KECOBO). The Board is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. Its Board is comprised of members drawn from both the public and private sectors.  The board licenses and supervises activities of the following collection management organizations ;

  • Kopiken is designed to license the following activities; Photocopying or scanning from books journals or magazines, copying or printing articles form websites or digital content, Emailing copies of articles or extracts from publication, and storing copies of articles or extracts on your intranet  and accessing or sharing online press cuttings.
  • Performers Rights Society of Kenya (PRiSK)  a collective management organisation licensed by the Kenya Copyright Board to represent performers in musical and dramatic works. For more details please visit: http://www.prisk.or.ke
  • The Music Copyright Society of Kenya (MCSK) aims at collecting and distributing royalties on behalf of authors, composer and publishers in the music industry. For more details please visit: http://www.mcsk.or.k, MCSK also has an awards scheme  which  awards top performers. It has partnered with a local mobile company to enhance distribution of  music i.e. Safaricom  Skiza tunes agreement which has improved collection of  royalties that arev eventually be distributed on a monthly basis.
  • Kenya Association of Music Producers (KAMP) is mandated to collect for and distribute royalties to producers of sound recordings. For more details please visit: http://www.kamp.or.ke

 

Results expected through the implementation of the measure:
  • Enhanced creativity
  • Fair remuneration for creators and artists for the use of their works
  • Improved bargaining power by Collection Management Organizations  
  •  Protection of works from use without permission
  •  Easy and legal access
  •   Users can comply with legislation
  •  Fair and affordable conditions
  •  Negotiations among professionals
  • Enhanced number production and distribution of cultural goods and service
  •  Improved local content  materials  
  • Enhanced awareness on copyright laws 
Financial resources allocated to implement the measure:

The Kenya copright board recieves its resources from the regualr government annual buadgetary alloaction to fund its  operations and activities

Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
Multi-domain
Cultural Value Chain
Creation
Production
Distribution
Participation