DID YOU KNOW? THERE IS COPYRIGHT LAW IN KENYA. It is a right authors have to stop others reproducing their work without their consent. It gives the authors monopoly to enjoy the fruits of their labor. Coverage - literary works (printed and non-printed works including computer programmes) - dramatic works - musical works - sound recordings - films, broadcasts, etc. Duration Copyright duration is 50 years. In case of literary materials, it is 50 years after the death of the author. What is permitted Copying of works for research, private study, criticism or review, educational purposes, etc. This is often referred to as fair deal. The purpose here is to enable the authors or producers to be compensated for the cost, time and effort that went into producing the work. The Copyright Act, 2001. - It establishes the Kenya Copyright Board. The Board is chaired by a lawyer and represents most stakeholders in the information profession except librarians. The board is responsible for the administration of the Copyright Act. - The Act covers both criminal and civil law. The prosecution of the offenders is handled by the state. - The Board is funded by the government. - Both fines and jail term have been reviewed upwards (shs.100,000 for fine and two years for jail term for first offenders). - The police has been given powers to inspect the premises, arrest and charge suspects. - The law provides compensation for the affected parties. Compensation is payable from fines awarded by the courts. - It has introduced “Anton Pillar Orders.” This allows the copyright owner, if he has sufficient evidence that an infringer is pirating his work, to get orders from the court to enter his premises where the pirate materials are suspected to be kept and confiscate them in order to avoid further infringement and preserve the evidence. Reference Japhet Otike: INTELLECTUAL PROPERTY RIGHTS IN KENYA WITH PARTICULAR REFERENCE TO COPYRIGHT. A Paper Presented in a Workshop Organised for Librarians in Government Libraries in Kenya, Held at Moi University, Eldoret, September 19 - 28, 2007.
Posted on: Sat, 13 Jul 2013 09:00:01 +0000
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