Copyright Act

Section 1. Short title Section This Act may be cited as the Copyright Act.

Section 2. Interpretation Section 2(1)(a) paintings, drawings, etchings, lithographs, woodcuts, engravings and prints; Section 2(1)(b) maps, plans and diagrams; Section 2(1)(c) works of sculpture; Section 2(1)(d) photographs not comprised in audio-visual works; Section 2(1)(e) works of architecture in the form of buildings or models; and Section 2(1)(f) works of artistic craftsmanship, pictorial woven tissues and articles of applied handicraft and industrial art; Section 2(1)(a) a literary, musical dramatic or artistic work, means the person who first makes or creates the work; Section 2(1)(b) a photograph, means the person who is responsible for the composition of the photograph; Section 2(1)(c) a sound recording, means a person by whom the arrangements for the making of the sound recording were made; Section 2(1)(d) audio-visual works, means the person by whom the arrangements for the making of the work were made; Section 2(1)(e) a broadcast, means the first broadcaster; Section 2(1)(f) a published edition, means the publisher of the edition; Section 2(1)(g) a literary, dramatic, musical or artistic work or computer program which is computer generated, means the person by whom th...

Section 3. Establishment and incorporation of the Board Section suing and being sued;

Section 4. Headquarters Section The Headquarters of the Board shall be in Nairobi.

Section 5. Functions of the Board Section direct, co-ordinate and oversee the implementation of laws and international treaties and conventions to which Kenya is a party and which relate to copyright and other rights recognised by this Act and ensure the observance thereof;

Section 6. Composition of the Board Section 6(1)(a) a Chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the National Treasury or a designated representative; Section 6(1)(c) the Principal Secretary incharge of matters relating to culture and heritage or a representative; Section 6(1)(d) the Principal Secretary in the Ministry responsible for matters relating to information and communications technology or a designated representative; Section 6(1)(e) the Attorney-General or a representative; Section 6(1)(f) three persons each nominated by associations recognised by the Government as representing stakeholders in music, film and publishing respectively; and Section 6(1)(g) the Executive Director appointed under section 11 . Section 6(2) Spent Section 6(3) Appointments under paragraph (1) (f) shall be by the Attorney-General. [L.N. 54/2003, r. 2, Act No. 7 of 2007 , Sch, Act No. 18 of 2018 , Sch.]

Section 7. Functions and powers of the Board Section control, supervise and administer the assets of the Board in such manner as best promotes the purposes for which the Board is established;

Section 8. Conduct of business and affairs of the Board Section 8(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule. Section 8(2) Except as provided in the First Schedule, the Board may regulate its own procedure.

Section 9. Remuneration of Board members Section The Board shall pay its members such remuneration, fees, or allowances for expenses as it may determine after consultation with the Cabinet Secretary for the time being responsible for finance. [Act No. 11 of 2017 , Sch., Act No. 19 of 2015 , s. 134.]

Section 10. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Section 11. Executive Director Section 11(1) There shall be an Executive Director of the Board who shall be appointed by the Board through a competitive process and whose terms and conditions of service shall be determined by the Board in the instrument of appointment or otherwise in writing from time to time. Section 11(2)(a) is an advocate of the High Court of Kenya of not less than five years' standing or has held judicial office in Kenya; Section 11(2)(b) has at least five years managerial experience; and Section 11(2)(c) has at least five years' experience in matters relating to copyright and other related rights. Section 11(3)(a) be an ex officio member of the Board but shall have no right to vote at any meetings of the Board; Section 11(3)(b) be the secretary to the Board; and Section 11(3)(c) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Board. Section 11(4) The Executive Director shall be appointed for a term of four years and shall be eligible for reappointment for one further term of four years. [Act No. 11 of 2017 , Sch., Act No. 20 of 2019 , s. 5.]

Section 12. Staff of the Board Section The Board may appoint such Deputy Executive Directors, Assistant Executive Directors, and such officers or other staff of the Board as are necessary for the proper discharge of its functions under this Act or any other written law upon such terms and conditions of service as the Board may determine.

Section 13. The common seal of the Board Section 13(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 13(2) The common seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.

Section 14. Protection from personal liability Section No matter or thing done by a member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

Section 15.[Deleted by ActNo. 12 of 2012, Sch.]

Section 16. Funds of the Board Section 16(1)(a) such sums as may be granted to the Board by the Cabinet Secretary pursuant to subsection (2); Section 16(1)(b) such monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; and Section 16(1)(c) all monies from any other source provided for or donated or lent to the Board. Section 16(2) There shall be made to the Board, out of monies provided by Parliament for that purpose, grants towards the expenditure incurred by the Board in the exercise of its powers or the performance of its functions under this Act. [Act No. 11 of 2017 , Sch., Act No. 19 of 2015 , s. 135.]

Section 17. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

Section 18. Annual estimates Section 18(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for that year. Section 18(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Board; Section 18(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Board; Section 18(2)(c) the proper maintenance of the buildings and grounds of the Board; Section 18(2)(d) the remuneration of Board members pursuant to section 9 ; Section 18(2)(e) the maintenance, repair and replacement of equipment and other property of the Board; and Section 18(2)(f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 18(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary’s approval, the Board...

Section 19. Accounts and audit Section 19(1) The Board shall cause to be kept all proper books and records of accounts of its income, expenditure and assets. Section 19(2)(a) a statement of the income and expenditure of the Board during that year; and Section 19(2)(b) a statement of the assets and liabilities of the Board on the last day of that year. Section 19(3) The accounts of the Board shall be audited and reported in accordance with the provisions of the Public Audit Act (Cap. 412B). [Act No. 20 of 2019 , s. 6.]

Section 20. Investment of funds Section 20(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest trust funds, or in any other securities which the National Treasury may, from time to time, approve for that purpose. Section 20(2) The Board may place on deposit with such bank or banks as it may determine, any monies not immediately required for the purposes of the Board.

Section 21. Appeals Section 21(1) A person aggrieved by the decision of the Board under this Act may, within sixty days from the date of the decision, appeal to the Copyright Tribunal. Section 21(2) The Board shall provide written comments on any matter over which an appeal has been submitted to the Copyright Tribunal under this section upon request from the Copyright Tribunal. Section 21(3) The Copyright Tribunal shall issue a decision on the appeal within thirty days from the date of an appeal. [Act No. 20 of 2019 , s. 8.]

Section 22. Works eligible for copyright Section 22(1)(a) literary works; Section 22(1)(b) musical works; Section 22(1)(c) artistic works; Section 22(1)(ca) dramatic works; Section 22(1)(d) audio-visual works; Section 22(1)(e) sound recordings; and Section 22(1)(f) broadcasts. Section 22(2) A broadcast shall not be eligible for copyright until it has been broadcast. Section 22(3)(a) sufficient effort has been expended on making the work to give it an original character; and Section 22(3)(b) the work has been written down, recorded or otherwise reduced to material form. Section 22(4) A work shall not be ineligible for copyright by reason only that the making of the work, or the doing of any act in relation to the work, involved an infringement of copyright in some other work. Section 22(5) Rights protected by copyright shall accrue to the author automatically on affixation of a work subject to copyright in a material form, and non-registration of any copyright work or absence of either formalities shall not bar any claim from the author. [Act No. 18 of 2014 , Sch., Act No. 20 of 2019 , s. 9.]

Section 23. Copyright by virtue of nationality or residence, and duration of copyright Section 23(1) Copyright shall be conferred by this section on every work eligible for copyright of which the author, or, in the case of a work of joint authorship, any of the authors is, at the time when the work is made, a citizen of, or is domiciled or ordinarily resident in, Kenya or is a body corporate which is incorporated under or in accordance with the laws of Kenya. Section 23(2) The term of a copyright conferred by this section shall be calculated according to the following table— Type of WorkDate of Expiration of Copyright1. Literary, musical, dramatic or artistic work other than photographsFifty years after the end of the year in which the author dies.2. Audio-visual works and photographsFifty years from the end of the year in which the work was either made, first made available to the public, or first published, whichever date is the latest.3. Sound recordingsFifty years after the end of the year in which the recording was made.4. BroadcastsFifty years after the end of the year in which the broadcast took place. Section 23(3) In the case of anonymous or pseudonymous literary, musical,...

Section 24. Copyright by reference to country of origin Section 24(1)(a) being a literary, musical, dramatic or artistic work or any audio-visual work, is first published in Kenya; or Section 24(1)(b) being a sound recording, is made or first published in Kenya; or Section 24(1)(c) being a broadcast, is transmitted from transmitters situated in Kenya. Section 24(2) Copyright conferred on a work by this section shall have the same duration as is provided for in section 23 in relation to a similar work. [Act No. 20 of 2019 , s. 12.]

Section 25. Copyright in works of Government and international bodies Section 25(1) Copyright is conferred under this section on any work eligible for copyright which has been created pursuant to a commission from the Government or such international body or non-governmental body as may be prescribed, and on which no copyright has been conferred under section 23 (1) or 24 (1). Section 25(2) Copyright conferred by this section on a literary, musical, dramatic or artistic work, shall subsist until the end of the expiration of fifty years from the end of the year in which it was first published. Section 25(3) Copyright conferred by this section on any audio-visual work, photograph, sound recording or broadcast shall have the same duration as is provided for by section 23 in relation to a similar work. Section 25(4) Sections 23 and 24 shall not confer copyright on works to which this section applies. [Act No. 20 of 2019 , s. 13, Act No. 20 of 2019 , s. 13.]

Section 26. Nature of copyright in literary, musical or artistic works and audio-visual works Section 26(1)(a) the reproduction in any material form of the original work; Section 26(1)(b) the translation or adaptation of the work; Section 26(1)(c) the distribution to the public of the work by way of sale, rental, lease, hire, loan, importation or similar arrangement; Section 26(1)(d) the communication to the public of the whole work or a substantial part thereof, either in its original form or in any form recognizably derived from the original; Section 26(1)(e) the making available of the whole work or a substantial part thereof, either in its original form or in any form recognizably derived from the original; and Section 26(1)(f) the broadcasting of the whole work or a substantial part thereof, either in its original form or in any form recognizably derived from the original. Section 26(2) Copyright in a work of architecture shall also include the exclusive right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original; but the copyright in any such work s...

Section 27. Broadcasting of works incorporated in audio-visual works Section 27(1) Where the owner of the copyright in any literary, musical, dramatic or artistic work authorizes a person to incorporate the work in audio-visual works and a broadcasting authority broadcasts such works, it shall, in the absence of any express agreement to the contrary, be deemed that the owner of the copyright authorized the broadcast. Section 27(2) Notwithstanding subsection (1), where a broadcasting authority broadcasts audio-visual works in which a musical work is incorporated, the owner of the right to broadcast the musical work shall, subject to the provisions of this Act, be entitled to receive fair compensation from the broadcasting authority, and in the absence of an agreement the amount of compensation shall be determined by the Copyright Tribunal appointed under section 48 ; [Act No. 20 of 2019 , s. 16.]

Section 28. Nature of copyright in sound recordings Section 28(1)(a) the direct or indirect reproduction in any manner or form; or Section 28(1)(b) the distribution to the public of copies by way of sale, rental, lease, hire, loan or any similar arrangements; or Section 28(1)(ba) the making available of the sound recording in whole or in part either in its original form or in any form recognizably derived from the original; or Section 28(1)(c) the importation into Kenya; or Section 28(1)(d) the communication to the public or the broadcasting of the sound recording in whole or in part either in its original form or in any form recognizably derived from the original. Section 28(2) The provisions of paragraphs (a), (f), (j) and (h) of section 26 (1) shall apply mutatis mutandis to the copyright in a sound recording. Section 28(3) The rights of an owner of a copyright in a sound recording are not infringed by the making of a single copy of the recording for the personal and private use of the person making the copy; and in respect of such use the owner of copyright in the sound recording shall have the right to receive fair compensation consisting of a royalty levied on audio recording...

Section 29. Nature of copyright in broadcasts Section the fixation of the whole or a substantial part of the broadcast;

Section 30. Rights of performers Section 30(1)(a) broadcast his performance except where the broadcast is made from a fixation of the performance authorized by the performer; Section 30(1)(b) is made from a fixation of the performance; or Section 30(1)(b)(i) is made from a fixation of the performance; or Section 30(1)(b)(ii) is made from broadcast of the performance, authorized by the performer; Section 30(1)(c) make a fixation of a previously unfixed performance; and Section 30(1)(d) where the performance was initially fixed without the authorization of the performer; or Section 30(1)(d)(i) where the performance was initially fixed without the authorization of the performer; or Section 30(1)(d)(ii) where the reproduction is made for purposes different from those for which the performer gave his authorization; Section 30(1)(e) rent for commercial purposes to the public, the original and copies of their fixed performances; Section 30(1)(f) distribution of a fixation of his performance or copies thereof, to the public; Section 30(1)(g) the making available to the public of his fixed performance, by wire or wireless means in such a way that members of the public may access them from a...

Section 31. First ownership of copyright Section 31(1)(a) is commissioned by a person who is not the author’s employer under a contract of service; or Section 31(1)(b) not having been so commissioned, is made in the course of the author’s employment under a contract of service, Section 31(2) Copyright conferred by section 25 shall vest initially in the Government or such international bodies or other governmental organizations as may be prescribed, and not in the author. Section 31(3)(a) where the economic rights are vested in the author, means the author; Section 31(3)(b) where the economic rights are originally vested in a physical person other than the author or in a legal entity, means that person or entity; and Section 31(3)(c) where the ownership of the economic rights has been transferred to a physical person or legal entity, means that person or entity.

Section 32. Moral rights of an author Section 32(1)(a) claim the authorship of the work; and Section 32(1)(b) object to any distortion, mutilation or other modification of or other derogatory action in relation to, the said work which would be prejudicial to his honour or reputation. Section 32(2) None of the rights mentioned in subsection (1) shall be transmissible during the life of the author but the right to exercise any of the said rights shall be transmissible by testamentary disposition or by operation of the law following the demise of the author. Section 32(3) The author has the right to seek relief in connection with any distortion, mutilation or other modification of, and any other derogatory action in relation to his work, where such work would be or is prejudicial to his honour or reputation.

Section 33. Assignment and licences Section 33(1) Subject to this section, copyright shall be transmissible by assignment, by licence, testamentary disposition, or by operation of law as movable property. Section 33(2) An assignment, license or testamentary disposition of copyright may be limited so as to apply only to some of the acts which the owner of the copyright has the exclusive right to control, or to a part only of the period of the copyright, or to a specified country or other geographical area. Section 33(3) No assignment of copyright and no exclusive licence to do an act the doing of which is controlled by copyright shall have effect unless it is in writing signed by or on behalf of the assignor, or by or on behalf of the licensor, as the case may be. Section 33(3A) An assignment under subsection (3) shall not be valid unless it is lodged at the Board and a certificate of recordal issued to the applicant and entry made in the Assignment Register. Section 33(4) A non-exclusive licence to do an act the doing of which is controlled by copyright may be written or oral, or may be inferred from conduct, and may be revoked at any time, but a licence granted by contract shall n...

Section 34. Rights of action and remedies of exclusive licensee and sub-licensee Section 34(1) An exclusive licensee and exclusive sub-licensee shall have the same rights of action and be entitled to the same remedies, as if the licence were an assignment and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under which the licence and sub-licence were granted. Section 34(2) Before an exclusive licensee or sub-licensee institutes proceedings under subsection (1), he shall give notice in writing to the owner of the copyright concerned, of his intention to do so, and the owner may intervene in such proceedings and recover any damages he may have suffered as a result of the infringement concerned or a reasonable royalty to which he may be entitled.

Section 22A. Register of copyright works Section 22A(1) The Board shall keep and maintain a register of all works under this Act in such manner as may be prescribed. Section 22A(2) Without prejudice to the relevant provisions of this Act conferring Copyright, all works eligible for copyright may be entered on the Register on application in the prescribed format made by or on behalf of the author, owner, assignee or exclusive licensee of the work. Section 22A(3) The Register shall be prima facie evidence of particulars entered therein and documents, extracts or copies made there from if certified by the Board shall be admissible in evidence without further proof or production of the original. Section 22A(4) The register and the relevant details entered on application shall be available for search to the public on terms set by the Board. [Act No. 20 of 2019 , s. 10.]

Section 22B. National rights registry Section 22B(1) There is established a National Rights Registry which shall be an office within the Board. Section 22B(2) The staff of the Registry shall be staff of the Board. [Act No. 14 of 2022 , s. 4.]

Section 22C. Functions of the Registry Section digital registration of right holders;

Section 22D. Voluntary registration on the Registry Section 22D(1) Without prejudice to the generality of section 22C , the Board shall cause to be developed and maintained an online portal for registration of copyright works. Section 22D(2) The author of copyright works or an owner of copyright may register his or her works on the Registry. Section 22D(3) Subject to such conditions as may be prescribed by the Board and upon payment of the prescribed fees, any person may access the copyright works through the Registry. [Act No. 14 of 2022 , s. 4.]

Section 26A. Computer programmes Section 26A(1) A computer program shall be subject of fair dealing for the purposes of Part A of the Second Schedule. Section 26A(2)(a) to make copies of the program to the extent necessary to correct errors; Section 26A(2)(b) to make a back-up copy; Section 26A(2)(c) for the purpose of testing a program to determine its suitability for the person's use; or Section 26A(2)(d) for any purpose that is not prohibited under any license or agreement whereby the person is permitted to use the program. Section 26A(3) The authorization of the right holder of the program shall not be required to decompile the program, convert the program into a version expressed in different programming language, code, notation for the purpose of obtaining information needed to enable the program to operate with other programs. Section 26A(4) Any copies made pursuant to this section shall be used only for the purpose for which it was made and shall be destroyed when the person's possession of the computer program ceases to be lawful. [Act No. 20 of 2019 , s. 15.]

Section 26B. Technological protection measures Section Circumvention of technological protection measures shall be permitted in limited circumstances as set out in the Second Schedule to this Act. [Act No. 20 of 2019 , s. 15.]

Section 26C. Visually impaired, and persons with other disabilities Section 26C(1)(a) an authorized entity to reproduce or to distribute copies or sound recordings of a previously published literary work if such copies or sound recordings are reproduced or distributed in specialized formats exclusively for use by visually impaired or other persons with disabilities; or Section 26C(1)(b) to make, import, distribute, lend or share accessible format copies by a beneficiary person or authorized entities or persons acting on behalf of a beneficiary person, including the circumvention of any technological protection measures that may be in place, subject to the terms and conditions set out under Regulations. Section 26C(2)(a) not be reproduced or distributed in a format other than a specialized format exclusively for use by visually impaired or other persons with disabilities; Section 26C(2)(b) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and Section 26C(2)(c) include a copyright notice identifying the copyright owner and the date of the original publication.

Section 26D. Artist resale right Section 26D(1) Artist resale right shall be valid as long as copyright continues to subsist in an original work of art. Section 26D(2) The artist resale right is absolutely inalienable and shall not be waived under any circumstances. Section 26D(3) Visual artists may form a collective management organization to manage the right under this section and in the absence of a registered collective management organization, the Attorney-General shall designate any registered collective management organization. Section 26D(4) The resale royalty shall be payable at the rate of five percent of the net sale price on the commercial resale of an artwork and the seller, the art market professional, the seller's agent and the buyer shall be jointly and severally liable to pay the resale royalty. Section 26D(5) If a mark or name purporting to identify a person as an artist of an artwork appears on the artwork, it shall be presumed in the absence of any other mark or evidence, that the person is the artist. Section 26D(6)(a) if the sale price is less than twenty thousand shillings; Section 26D(6)(b) if it concerns the resale of a building, or a drawing, plan or model...

Section 30A.[Deleted by ActNo. 11 of 2017, Sch.]

Section 30B. Collection and payment of royalty Section 30B(1) Subject to the provisions of sections 28 and 30 of this Act, the Kenya Revenue Authority or any other designated entity by the Board shall collect royalties on behalf of collective management organizations licensed to represent performers and owners of sound recordings. Section 30B(2) All claims for compensation under this section shall be made through the collective management organizations representative of performers and producers of sound recordings. Section 30B(3) The level of the royalty payable shall be agreed between the collective management organization representative of performers and producers of sound recordings and the organization representative of manufacturers and importers of audio recording equipment, audio blank tape and media intended for recording or failing such agreement by the Board. Section 30B(4) The Board shall determine and, by notice in the Gazette , publish the share of the private copying remuneration applicable to the respective rights holders. [Act No. 20 of 2019 , s. 20.]

Section 30C. Payment of ring back tune revenue Section 30C(1)(a) the premium rate service provider at eight point five percent; Section 30C(1)(b) the telecommunication operator at thirty nine point five percent; Section 30C(1)(c) the artiste or owner of the copyright at not less than fifty two percent. Section 30C(2) Despite subsection (1), all contracts between premium rate service providers and artistes or owners of the copyright existing before the commencement of this Act shall apply until their expiry, and subsequent contracts shall conform to this provision. Section 30C(3) The telecommunication operator shall remit directly to the artiste or owner of the copyright the ring back tune net revenue share allocated to them as specified subsection (1). [Act No. 14 of 2022 , s. 3.]

Section 33A. Grant of licences in copyright works withheld from Kenyan market Section 33A(1)(a) refuses to republish or allow the republication of the work or to allow the performance of the work in public, and by reason of such refusal the work is withheld from the public; or Section 33A(1)(b) communication of such work to the public; or Section 33A(1)(b)(i) communication of such work to the public; or Section 33A(1)(b)(ii) in the case of a sound recording, the communication of the work recorded in such recording to the public by broadcast, Section 33A(2) The Board may, after giving to the owner of the copyright in the work a reasonable opportunity to be heard and after holding such inquiry as it may deem necessary, if it is satisfied that the grounds for such refusal are not reasonable, grant to the complainant a licence to republish the work or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Board may determine. Section 33A(3) Where two or more persons make an application in respect of the same work, the license shall be granted to the...

Section 35. Infringement Section 35(1)(a) does, or causes to be done, an act the doing of which is controlled by the copyright or related rights; or Section 35(1)(b) imports, or causes to be imported, otherwise than for his private and domestic use, an article which he knows to be an infringing copy. Section 35(2)(a) does, or causes to be done, any act specified in section 30 (1); or Section 35(2)(b) imports or causes to be imported, otherwise than for his own private or domestic use, an article which he knows would have been made contrary to section 30 had it been made in Kenya by the importer. Section 35(2A)(a) does or causes to be done, any act specified in section 28 (1); or Section 35(2A)(b) imports or causes to be imported, otherwise than for his private use, an article which he knows would have been made contrary to section 28 (1) had it been made in Kenya by the importer. Section 35(3)(a) circumvents any effective technological protection measure designed to protect works; or Section 35(3)(b) manufactures or distributes devices which are primarily designed or produced for the purpose of circumventing technological protection measures designed to protect works protected unde...

Section 36. Authentication of copyright Section 36(1) Every sound and audio-visual recording made available to the public by way of sale, lending or distribution in any other manner to the public for commercial purposes in Kenya shall have affixed on it an authentication device prescribed by the Board. Section 36(2) The Board shall authenticate copyright works according to all required documents furnished to it by the applicant for that purpose and shall issue an approval certificate in the prescribed form to the applicant for authority to purchase an authentication device. Section 36(3) The authentication device shall be issued to an applicant upon proof that the applicant has been authorized by the copyright owner to manufacture, reproduce, sell, import, rent or otherwise distribute the work. Section 36(4) The authentication device shall be affixed to each copy of the copyright work made or published by the applicant. Section 36(5) No person shall sell or exhibit for sale any copyright works that require an authentication device in any form without an authentication device affixed thereto pursuant to subsection (4). Section 36(6) Any person who knowingly sells or offers for sale...

Section 37. Anton Piller orders Section 37(1)(a) he has a cause of action against another person which he intends to pursue; Section 37(1)(b) the other person has, in his possession, documents infringing copies or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and Section 37(1)(c) there is the real and well-founded apprehension that the documents, infringing copies or other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way, Section 37(2) An order made under subsection (1) may be granted ex parte. [Act No. 20 of 2019 , s. 26.]

Section 38. Offence and penalties for infringement Section 38(1)(a) makes for sale or hire an infringing copy; Section 38(1)(b) sells or lets for hire or, by way of trade, exposes or offers for sale an infringing copy; Section 38(1)(c) distributes infringing copies; Section 38(1)(d) possesses otherwise than for his private and domestic use, an infringing copy; Section 38(1)(e) imports into Kenya otherwise than for his or her private and domestic use an infringing copy; Section 38(1)(f) makes or has in his or her possession a contrivance used or intended to be used for the purpose of making an infringing copy; Section 38(1)(g) causes a broadcast to be rebroadcast or transmitted in a diffusion service, knowing that copyright subsists in the broadcast and that such rebroadcast or transmission constitutes an infringement of the copyright; Section 38(1)(h) causes a program carrying signals to be distributed by a distributor for whom they were not intended, knowing that copyright subsists in the signals and that such distribution constitutes an infringement of the copyright; Section 38(1)(i) circumvents a technological protection measure or manufactures or distributes devices designed fo...