The Copyright Regulations
These Regulations may be cited as the Copyright Regulations.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 177 of 2020
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Copyright Regulations. The forms used under these Regulations are the forms set out in the First Schedule. The fees set out in the Second Schedule are the prescribed fees for these Regulations. Extends regulations in respect of literary, musical and artistic works to individuals or bodies corporate who are citizens of, domiciled or resident in, or incorporated under the laws of another country that provides for copyright protection. Rules for maintaining a Copyright Register: what entries must include, who may apply to register works and how certificates and indexes are handled.
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Provisions of The Copyright Regulations
Showing 18 of 18
Part I
PRELIMINARY
- 1
PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Copyright Regulations.
Section 1. Citation Section These Regulations may be cited as the Copyright Regulations. - 2
PRELIMINARY - 2. Forms
AI-assisted research summary: The forms used under these Regulations are the forms set out in the First Schedule.
Section 2. Forms Section The forms referred to in these Regulations shall be the forms set out in the First Schedule. - 3
PRELIMINARY - 3. Fees
AI-assisted research summary: The fees set out in the Second Schedule are the prescribed fees for these Regulations.
Section 3. Fees Section The fees set out in the Second Schedule shall be the prescribed fees for the purposes of these Regulations.
Part II
REGISTRATION OF COPYRIGHT WORKS
- 10
REGISTRATION OF COPYRIGHT WORKS - 10. Extension of Regulations
AI-assisted research summary: Extends regulations in respect of literary, musical and artistic works to individuals or bodies corporate who are citizens of, domiciled or resident in, or incorporated under the laws of another country that provides for copyright protection.
Section 10. Extension of Regulations Section 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; - 4
REGISTRATION OF COPYRIGHT WORKS - 4. Copyright Register
AI-assisted research summary: Rules for maintaining a Copyright Register: what entries must include, who may apply to register works and how certificates and indexes are handled.
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 as set out in the First Schedule. Section 4(5) Where an application has been made in electronic form, the Executive Director may issue the applicant with an electronic certificate: Provided that the electronic certificate shall have tamperproof security features. Section 4(6) The Executive Director shall keep and maintain an index or indexes of the Copyright Register as may be necessary. Section 4(7)(a) entering relevant information in the Copyright Register that may have been wrongly omitted; Section 4(7)(b) removing any entry that may have been wrongly made or remaining in the Copyright Register; or Section 4(7)(c) correcting an error or defect in the Copyright Register. Section 4(8) Every entry made in the Copyright Register or particulars of any work entered therein shall be made accessible to the public in electronic form on the payment of a fee and in a manner as the Board may approve. Section 4(9) An application for the change of name or address of a copyright holder shall be made on Form C.R. 3 as set out in the First Schedule Section 4(10) Where there is a change of ownership in respect of any copyright work, the new or former owner of the copyright work shall apply for a change of ownership shall be made in Form No. C.R. 6 as set out in the First Schedule and accompanied by a certified copy of the relevant instrument of transfer. - 5
REGISTRATION OF COPYRIGHT WORKS - 5. Application for registration of copyright works from outside Kenya
AI-assisted research summary: Applications to record an assignment or license of a copyright work from outside Kenya must be made in Form C.R. 5 and accompanied by a certified copy of the deed; if successful, the Executive Director must issue a certificate of registration in Form C.R. 5, and the approved registration is to be entered in the Copyright Register upon payment of the registration fee.
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. - 6
REGISTRATION OF COPYRIGHT WORKS - 6. Authentication of copyright works
AI-assisted research summary: The Board must issue authentication devices; the copyright holder whose work is entered in the Copyright Register must affix the authentication device on media before releasing the work to market.
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. - 7
REGISTRATION OF COPYRIGHT WORKS - 7. Copyright Inspectors
AI-assisted research summary: Copyright Inspectors must carry and produce a Board ID card or Certificate of Authority while executing duties; the Board must publish the names of appointed copyright inspectors in the Gazette.
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. - 8
REGISTRATION OF COPYRIGHT WORKS - 8. Inventory of seized goods
AI-assisted research summary: Notifications of seized goods must follow the form and content requirements in Section 8: use Form C.R. 9; specify date, seizure location, and item details (or list as a block for large quantities); fill in triplicate and give a copy to the person from whom goods were seized, signed by the preparer or seizing person.
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. - 9
REGISTRATION OF COPYRIGHT WORKS - 9. Renunciation of copyright
AI-assisted research summary: Authors or copyright holders who wish to renounce a copyright must notify the Executive Director in writing; the Board must publish the notice in the Gazette.
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 .
Part III
MISCELLANEOUS PROVISIONS
- 11
MISCELLANEOUS PROVISIONS - 11. Application for copies of documents
AI-assisted research summary: Anyone who wants a copy of a document kept by the Board must apply to the Board using Form C.R. 11 for a certified copy or Form C.R. 12 for an uncertified copy and pay the prescribed fee.
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. - 12
MISCELLANEOUS PROVISIONS - 12. Copies of lost or destroyed documents
AI-assisted research summary: The Board may issue a copy of a lost or destroyed certificate on application by any person.
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. - 13
MISCELLANEOUS PROVISIONS - 13. Extension of time
AI-assisted research summary: The Board may extend the time for doing an act or taking proceedings, subject to limits and conditions.
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. - 14
MISCELLANEOUS PROVISIONS - 14. Signing of forms
AI-assisted research summary: If a form must be signed for a corporation it must be signed by a director or the secretary unless an agent signs it; if not signed by an agent for a partnership it must be signed by a partner or by someone the partnership (as shown to the Board) authorizes, and the form must list partners' names and addresses.
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)(b) the form shall set out the names and addresses of the partners. - 15
MISCELLANEOUS PROVISIONS - 15. Statutory declarations
AI-assisted research summary: The Oaths and Statutory Declarations Act (cap. 15) applies 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 15. Statutory declarations Section The Oaths and Statutory Declarations Act (cap. 15) 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. - 16
MISCELLANEOUS PROVISIONS - 16. Documents to be in English language
AI-assisted research summary: Documents submitted or provided to the Board under section 21(1) and (3) of the Act must be in the English language; if a translation is required it must be provided and certified, and the Board may refuse inaccurate translations and require accurate ones.
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. - 17
MISCELLANEOUS PROVISIONS - 17. Revocation
AI-assisted research summary: The Copyright Regulations (L.N. 128/2004) are revoked.
Section 17. Revocation Section The Copyright Regulations (L.N. 128/2004) are revoked. - 18
MISCELLANEOUS PROVISIONS - 18. Transitional provisions
AI-assisted research summary: Permits, licences, certificates, authorizations or other documents issued under the repealed Regulations remain valid for their unexpired period, and applicants for new documents under the repealed Regulations may continue to operate under their existing document as if the application were made under these Regulations until determined.
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.
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