Copyright Act Regulations, 2020

Section 1. Citation Section These Regulations may be cited as the Copyright Regulations, 2020.

Section 2. Forms Section The forms referred to in these Regulations shall be the forms set out in the First Schedule.

Section 3. Fees Section The fees set out in the Second Schedule shall be the prescribed fees for the purposes of these Regulations.

Section 4. Copyright Register Section 4(1)(a) the title of the copyright work; Section 4(1)(b) the name of individual or organization, identity card number or certificate of incorporation for a company, of the author, owner, assignee or exclusive licensee of the copyright work; Section 4(1)(c) a description of the work; Section 4(1)(d) the physical, postal and email address of the copyright owner; Section 4(1)(e) the date of affixation of the copyright work; and Section 4(1)(f) any other information that the Executive Director may consider relevant. Section 4(2) The Executive Director may maintain the Copyright Register in electronic or physical form. Section 4(3) Where the owner of a work wishes to have it registered in accordance with paragraph (1), he or she may apply for its registration in Form C.R. 1 as set out in the First Schedule, accompanied with the prescribed fee, and submit a copy of the work to the Executive Director: Provided that in the case of books and magazines, proof of deposit at the National Library shall suffice. Section 4(4) Where an application is successful, the Executive Director shall issue the applicant with a certificate of registration in Form C.R. 2...

Section 5. Application for registration of copyright works from outside Kenya Section 5(1) This regulation shall apply to section 33 (3A) of the Act Section 5(2) An application for the recordal of an assignment or a license of a copyright work from outside Kenya shall be made in Form C.R. 5 as set out in the First Schedule and accompanied by a certified copy of the deed of assignment or similar instrument. Section 5(3) Where an application under paragraph (2) is successful, the Executive Director shall issue the applicant with a certificate of registration of assignment or license in Form C.R. 5 as set out in the First Schedule. Section 5(4) Such approved registration shall be entered in the Copyright Register upon payment of a Registration fee as set out in the Second Schedule.

Section 6. Authentication of copyright works Section 6(1) This regulation shall apply to section 36 of the Act. Section 6(2) A sound recording or audio-visual work imported into Kenya, intended for sale or offered for sale, hiring, lending or intended for distribution to the public for commercial purposes in Kenya, shall have affixed on the media an authentication device. Section 6(3) The authentication device shall be issued by the Board and be tamper-proof and serially numbered. Section 6(4) The authentication device shall be affixed by the copyright holder whose copyright work has been entered in the Copyright Register before it is released in the market. Section 6(5) An application for the affixing of an authentication device of copyright work under section 36 (1) shall be made in Form C.R. 7 as set out in the First Schedule and accompanied by relevant documentary evidence that the author of the work or copyright holder of the works has authorized the manufacture, production or distribution of the work in Kenya.

Section 7. Copyright Inspectors Section 7(1) A Copyright Inspector appointed under section 39 (1) of the Act shall carry and produce on request by any person a Board Identification Card or Certificate of Authority bearing the Board's seal while executing his or her duties. Section 7(2) The Board shall publish in the Gazette the name of a copyright inspector appointed under section 39 (1) of the Act. Section 7(3) The Certificate of Authority referred to in paragraph (1) shall be in Form C.R. 8 as set out in the First Schedule.

Section 8. Inventory of seized goods Section 8(1) A notification of seized goods under section 41 (1) of the Act shall be in Form C.R. 9 as set out in the First Schedule. Section 8(2) A notification of seized goods under section 41 (3) shall specify the date, physical address of the place of seizure, number, type, brand and description of the seized items and in the case of large quantities of seized items, single items need not be described and may be listed as a block. Section 8(3) A notification of seized goods under section 41 (3) shall be filled in triplicate and a copy shall be issued to the person from whom the goods have been seized and signed by the person who prepares it or seized the goods.

Section 9. Renunciation of copyright Section 9(1) An author or copyright holder who wishes to renounce a copyright work shall notify the Executive Director in writing of his or her intention to renounce the copyright work. Section 9(2) The Board shall publish the notice of renunciation under paragraph (1) in the Gazette .

Section 10. Extension of Regulationss Section 10(1)(a) in respect of literary works, musical works and artistic works, to individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of another country and which provide for the protection of copyright and related rights; Section 10(1)(b) those works and audio-visual works first published in a country which is a party to treaty to which Kenya is also a party and which provides for the protection of copyright and related rights; and Section 10(1)(c) individuals or bodies corporate who are citizens of, domiciled in those audio-visual works and photographs first made available to the public or first published in a country which is a party to a treaty to which Kenya is also a party and which provides for protection of copyright and related rights.

Section 11. Application for copies of documents Section A person who wishes to obtain a copy of a document kept by the Board shall apply to the Board in Form C.R. 11 as set out in the First Schedule for a certified copy or in Form C.R. 12 as set out in the First Schedule for an uncertified copy and on the payment of the prescribed fee.

Section 12. Copies of lost or destroyed documents Section 12(1) The Board may, on application by any person, issue a copy of a lost or destroyed certificate. Section 12(2) An application for a copy of a lost or destroyed certificate shall be in Form C.R.13 as set out in the First Schedule. Section 12(3) An application for a copy of a lost or destroyed certificate shall be accompanied by a declaration or affidavit under oath with respect to the loss or destruction of the certificate in Form C.R.14 as set out in the First Schedule.

Section 13. Extension of time Section The Board may extend the time for doing an act or taking proceedings, other than the time expressly provided for in the Act, on such conditions as it may specify or on request or application of the person who has been time-barred.

Section 14. Signing of forms Section 14(1) A form that is required to be signed on behalf of a corporation shall, unless an agent signs it, be signed by a director or the secretary of the corporation. Section 14(2)(a) unless the form is signed by an agent, the form shall be signed by a partner or by a person who satisfies the Board that the person is authorized by the partnership to sign on its behalf; and Section 14(2)(c) the form shall set out the names and addresses of the partners.

Section 15. Statutory declarations Cap. 15 Section The Oaths and Statutory Declarations Act shall apply with respect to a statutory declaration or an affidavit under the Act or these Regulations in Form C.R. 15 as set out in the First Schedule.

Section 16. Documents to be in English language Section 16(1) A document submitted or provided to the Board under section 21 (1) and (3) of the Act and shall be in the English language. Section 16(2)(a) an English translation of the document shall be provided along with the copy of the original document; Section 16(2)(b) the translation shall be certified to be an accurate translation; Section 16(2)(c) if more than one copy of the document is required, one copy of the translation shall be provided for every copy of the document required; Section 16(2)(d) if the Board determines that the translation is not accurate, the Board may refuse to accept it and may require an accurate translation to be provided or submitted; and Section 16(2)(e) the copy of the document shall be deemed not to have been provided or submitted until the required translation and copies thereof are provided or submitted.

Section 17. Repeal of L.N. 128/2004 Section The Copyright Regulations, 2004 are repealed.

Section 18. Transitional provisions Section 18(1) A permit, license, certificate, authorization or any other document issued or granted under the repealed Regulations shall continue to be valid for the unexpired period thereof. Section 18(2) A person who had applied for a new permit, license, certificate, authorization or any other document under the repealed Regulations, shall continue to operate under the terms of the permit, license, certificate, authorization or any other document held by that person as if the application had been made under these Regulations until the application is determined.