The Kenya Copyright Amendment Act of 2019 came into effect on 2 October 2019, repealing and amending various sections of the Copyright Act 12 of 2001 (Chapter 130).
The Amendment Act introduces the definition of an Internet Service Provider (ISP) and, inter alia, excludes liability for copyright infringement on the part of ISPs in certain circumstances. Notably, the Amendment Act introduces section 35B and 35D in the Main Act. The former envisages a copyright take-down procedure with an ISP, and the latter enables an aggrieved person to apply for an injunction with the High Court in Kenya against a person facilitating the infringement of copyright.
Section 10 of Amendment Act introduces section 22A in the Main Act, which envisages the registration of copyright by, inter alia, the author or owner of a work. The Kenyan Copyright Board (KECOBO) is required to maintain a register of all works, which is prima facie proof of copyright.
The Amendment Act introduces an artist's resale royalty right (section 26D of the Main Act), which will apply for as long as the copyright remains effective or subsists in the work in question. It also prescribes the value of royalties payable, as well as the various circumstances in which the right falls away. For instance, it does not apply in situations where the work is sold for charity purposes.
Collection societies are now known as collective management organizations, with the Kenyan Revenue Authority responsible for the collection of royalties on behalf of these organizations.
There is also an expansion of the fair dealing provision allowing artists to use more of the exceptions in expressing themselves.
The policy also has made provisions for incentives to allow the artists to derive monetary benefit from their works. Incentives including provision for the artists resale rights and new provisions covering collective management organizations who collect royalties for artists are also covered.
Reorganization of the collective management organizations that collect royalties for artists.
There has been proper management of collection and payment of royalties.
The reviewed Act has made it possible for copyright holders to benefit more than was the case previously.
Funded through exchequer
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Ministry of Sports, Culture and Heritage
Office of the Attorney General