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What constitutes copyright infringement, and how can you protect your work?

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Introduction
Copyright Infringement 2.1. What is Copyright Infringement? 2.2. Acts of Copyright Infringement
Protection of Copyright 3.1. Registration of Copyright 3.2. Other Measures to Protect Copyright
Conclusion

Introduction

This response will address the question of what constitutes copyright infringement in Kenya and how one can protect their work. The information provided will be based on the Copyright Act, 2001, and other relevant legal provisions.

Copyright Infringement

2.1. What is Copyright Infringement?

Copyright infringement occurs when someone uses a copyrighted work without the permission of the copyright holder. This can include copying, distributing, performing, or displaying the work without authorization.

The Copyright Act, 2001, defines copyright infringement as follows:

Section 2(1) of the Copyright Act, 2001: "Copyright infringement" means the doing of any act that is the exclusive right of the owner of the copyright, without the licence of the owner of the copyright.

2.2. Acts of Copyright Infringement

The Copyright Act, 2001, outlines various acts that constitute copyright infringement. These include:

Section 15 of the Copyright Act, 2001: The reproduction of the work in any material form, including the making of copies, recordings, or adaptations.
Section 16 of the Copyright Act, 2001: The issuance of copies of the work to the public.
Section 17 of the Copyright Act, 2001: The performance of the work in public.
Section 18 of the Copyright Act, 2001: The broadcasting of the work.
Section 19 of the Copyright Act, 2001: The communication of the work to the public by cable or satellite.
Section 20 of the Copyright Act, 2001: The making of an adaptation of the work.
Section 21 of the Copyright Act, 2001: The commercial rental of the work.

Protection of Copyright

3.1. Registration of Copyright

While registration of copyright is not mandatory in Kenya, it is highly recommended. Registration provides evidence of ownership and can be helpful in proving infringement.

Section 30 of the Copyright Act, 2001: Provides for the registration of copyright.

3.2. Other Measures to Protect Copyright

In addition to registration, there are other measures that can be taken to protect copyright:

Use of Copyright Notices: Placing copyright notices on works can help deter infringement.
Licensing Agreements: Granting licenses to others to use the work can help control its use.
Watermarking: Embedding digital watermarks in works can help identify the owner.
Taking Legal Action: If copyright infringement occurs, the copyright holder can take legal action to stop the infringement and seek damages.

Conclusion

Copyright infringement is a serious issue in Kenya. Understanding the legal framework and taking appropriate measures to protect your work is crucial. By registering copyright, using copyright notices, and taking other protective measures, you can help safeguard your intellectual property rights.