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Copyright Act Cap 130 - as Plain Text by MWakili

LAWS OF KENYA The CopyrighT ACT Chapter 130 Revised Edition 2010 (2001) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org CAP2.

130 Copyright [Rev.

2010 CHAPTER 130 THE COPYRIGHT ACT ARRANGEMENT OF SECTIONS Section part I- prelImInary 1- Short title and commencement.

2- Interpretation.

part II- admInIstratIon 3- Establishment and incorporation of the Board.

4- Headquarters.

5- Functions of the Board.

6- Composition of the Board.

7- Functions and powers of the Board.

8- Conduct of business and affairs of the Board.

9- Remuneration of Board members.

10- Delegation by the Board.

11- Executive Director.

12- Staff of the Board.

13- The common seal of the Board.

14- Protection from personal liability.

15- Liability of the Board for damages.

16- Funds of the Board.

17- Financial year.

18- Annual estimates.

19- Accounts and audit.

20- Investment of funds.

21- Appeals.

part III- CopyrIght and other related rIghts 22- Works eligible for copyright.

23- Copyright by virtue of nationality or residence and duration of copyright.

24- Copyright by reference to country of origin 25- Copyright in works of Government and international bodies.

26- Nature of copyright in literary, musical or artistic works and audio-visual works.

27- Broadcasting of works incorporated in audio-visual works.

Rev.

2010] Copyright CAP.

130 3 Section 28- Nature of copyright in sound recording.

29- Nature of copyright in broadcasts.

30- Rights of performers.

31- First ownership of copyright.

32- Moral rights of an author.

33- Assignment and licences.

34- Rights of action and remedies of exclusive licensee and sub-licensee.

part IV- InfrIngement 35- Infringement.

36- Authentication of copyright works.

37- Anton piller orders.

38- Offences and penalties for infringement.

39- Inspectors.

part V- InspeCtIon 40- Entry into premises.

41- Mode of inspection.

42- Powers of arrest.

43- Conduct of prosecution.

44- Inspectors not personally liable for acts done under this Act.

part VI- publIC domaIn 45- Works in the public domain.

part VII- ColleCtIVe admInIstratIon of CopyrIght 46- Collective administration of copyright.

47- Annual reports and accounts.

48- Appointment of competent authority and duties of authority part VIII- mIsCellaneous 49- Regulations and extension of application of the Act.

50- Application to works made before commencement of Act.

51- Abrogation of common law rights.

52- Repeal of Cap.

130 and savings.

SCHEDULE CAP4.

130 Copyright [Rev.

2010 CHAPTER 130 L.N.

15/2003, THE COPYRIGHT ACT L.N.

54/2003, st 6 of 2006, Date of Assent: 31 December, 2001 7 of 2007, 10 of 2010.

st Commencement: 1 February, 2003 AN ACT of Parliament to make provision for copyright in literary, musical and artistic works, audio-visual works, sound recordings, broadcasts and for connected purposes ENACTED by the Parliament of Kenya as follows:- part IprelImInary Short title and 1.

This Act may be cited as the Copyright Act, 2001 and shall come commencement.

into operation on 1st February, 2003.

L.N.

15/2003.

Interpretation.

(1) In this Act, unless the context otherwise requires- artistic work means, irrespective of artistic quality, any of the following, or works similar thereto- (a) paintings, drawings, etchings, lithographs, woodcuts, engravings and prints; (b) maps, plans and diagrams; (c) works of sculpture; (d) photographs not comprised in audio-visual works; (e) works of architecture in the form of buildings or models; and (f) works of artistic craftsmanship, pictorial woven tissues and articles of applied handicraft and industrial art; audio-visual work means a xation in any physical medium of images, either synchronized with or without sound, from which a moving picture may by any means be reproduced and includes videotapes and videogrames but does not include a broadcast; authentication device means any legal device that is used as proof that works or copies thereof are legitimate; Rev.

2010] Copyright CAP.

130 5 author, in relation to- (a) a literary, musical or artistic work, means the person who rst makes or creates the work; (b) a photograph, means the person who is responsible for the composition of the photograph; (c) a sound recording, means a person by whom the arrangements for the making of the sound recording were made; (d) audio-visual works, means the person by whom the arrangements for the making of the lm were made; (e) a broadcast, means the rst broadcaster; (f) a published edition, means the publisher of the edition; (g) a literary, dramatic, musical or artistic work or computer program which is computer generated, means the person by whom the arrangements necessary for the creation of the work were undertaken; and (h) a computer programer, means the person who exercised control over the working of the program; Board means the Kenya Copyright Board established under section 3; broadcast authority means the Kenya Broadcasting Corporation established by the Kenya Broadcasting Corporation Act, or any other Cap.

221.

broadcaster authorized by or under any written law; broadcast means the transmission, by wire or wireless means, of sounds or images or both or the representations thereof, in such a manner as to cause such images or sounds to be received by the public and includes transmission by satellite; building includes any structure; competent authority has the meaning assigned to it in section 48; computer means an electronic or similar device having information-processing capabilities; computer program means a set of instructions expressed in words, codes, schemes or in any other form, which is capable, when CAP6.

130 Copyright [Rev.

2010 incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result; communication to the public means - (a) a live performance; or (b) a transmission to the public, other than a broadcast, of the images or sounds or both, of a work, performance or sound recording; copy means a reproduction of work in any manner or form and includes any sound or visual recording of a work and any permanent or transient storage of a work in any medium, by computer technology or any other electronic means; copyright means copyright under this Act; electronic rights management information means any information by right-holders which identies the work or recording; xation means the embodiment of sounds or images, or of the representation thereof from which they can be perceived, reproduced or communicated through a device; folklore means a literary, musical or artistic work presumed to have been created within Kenya by an unidentied author which has been passed from one generation to another and constitutes a basic element of the traditional cultural heritage of Kenya and includes - (a) folktales, folk poetry and folk riddles; (b) folk songs and instrumental folk music; (c) folk dances and folk plays; and (d) the production of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalware, jewellery, handicrafts, costumes and indigenous textiles; infringement means any act which violates a right protected by this Act; infringing copy means - (a) a copy, the manufacture of which constitutes an infringement of any rights protected by this Act; or Rev.

2010] Copyright CAP.

130 7 (b) where imported, a copy the manufacture of which would have constituted an infringement of such rights if manufactured in Kenya by the importer; inspector means an inspector appointed under section 39; Kenya Revenue Authority means the Kenya Revenue Authority Cap.

469.

established under the Kenya Revenue Authority Act; licence means a lawfully granted licence permitting the doing of an act controlled by copyright; literary work means, irrespective of literary quality, any of the following, or works similar thereto- (a) novels, stories and poetic works; (b) plays, stage directions, lm sceneries and broadcasting scripts; (c) textbooks, treatises, histories, biographies, essays and articles; (d) encyclopaedias and dictionaries; (e) letters, reports and memoranda; (f) lectures, addresses and sermons; (g) charts and tables; (h) computer programs; and (i) tables and compilations of data including tables and compilations of data stored and embodied in a computer or a medium used in conjunction with a computer, but does not include a written law or a judicial decision; Act; moral rights means the rights referred to in section 32 of this Minister means the Minister for the time being responsible for matters relating to copyright and related rights; musical work means any musical work, irrespective of musical quality, and includes works composed for musical accompaniment; CAP8.

130 Copyright [Rev.

2010 49; prescribed means prescribed by regulations made under section rental means the transfer of, the possession of the original or a copy of a work or sound recording for a limited period of time in return for a monetary consideration; rebroadcasting means simultaneous or subsequent broadcasting by one or more broadcasting authorities of the broadcast of another broadcasting authority; reproduction means the making of one or more copies of a work in any material form and includes any permanent or temporary storage of such work in electronic or any other form; Cap.

211.

school has the meaning assigned to it by the Education Act; sound recording means any exclusively aural xation of the sounds of a performance or of other sounds, or of a representation of sounds, regardless of the method by which the sounds are xed or the medium in which the sounds are embodied but does not include a xation of sounds and images, such as the sound track of an audio-visual work; technical measure means any device, product or component incorporated into a work that effectively prevents or inhibits the infringement of any copyright or related right; work includes translations, adaptations, new versions, or arrangements of pre-existing works, and anthologies or collections of works which, by reason of the selection and arrangement of their content, present an original character; work of joint authorship means a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors.

(2) For the purposes of this Act, the following provisions shall apply with respect to publications: (a) a work shall be taken to have been published if, but only if, copies have been issued in sufcient quantities to satisfy the reasonable requirements of the public; (b) where in the rst instance a part only of a work is published, that part shall be treated for the purposes of this Act as a separate work; and Rev.

2010] Copyright CAP.

130 9 (c) a publication in a country shall not be treated as being other than the rst publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days.

part IIadmInIstratIon 3.

(1) There is established a Board to be known as the Kenya Establishment and Copyright Board which shall be a body corporate with perpetual incorporation of the succession and a common seal and which shall be capable, in its Board.

corporate name of (a) suing and being sued; (b) purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; (c) borrowing and lending money; and (d) doing or performing all such other things or acts as may be necessary for the proper performance of its functions under this Act which may lawfully be done by a body corporate.

The Headquarters of the Board shall be in Nairobi.

Headquarters.

The functions of the Board shall be to Functions of the Board.

(a) direct, co-ordinate and oversee the implementation of laws and international treaties and conventions to which Kenya is a party and which relate to copyright and other rights recognised by this Act and ensure the observance thereof; (b) license and supervise the activities of collective management societies as provided for under this Act; (c) devise promotion, introduction and training programs on copyright and related rights, to which end it may co-ordinate its work with national or international organisations concerned with the same subject matter; (d) organise the legislation on copyright and related rights and propose other arrangements that will ensure its constant improvement and continuing effectiveness; and CAP10.

130 Copyright [Rev.

2010 (e) enlighten and inform the public on matters relating to copyright and related rights; (f) maintain an effective data bank on authors and their works; and (g) administer all matters of copyright and related rights in Kenya as provided for under this Act and to deal with ancillary matters connected with its functions under this Act.

Composition of the 6.

(1) The Board shall consist of Board.

L.N.

54/2003.

(a) (Deleted by 7 of 2007, Sch.) 7 of 2007, Sch.

(b) one member nominated by registered software associations; (c) one member nominated by registered musicians associations; (d) one member nominated by registered lming associations; (e) two members nominated by publishers, authors and writers associations; (f) one member nominated by performing artistes associations; (g) one member nominated by public universities; (h) one member nominated by registered associations of producers of sound recordings; (i) one member nominated by registered associations of broadcasting stations; (j) one member nominated by producers and distributors of audio-visual works; (k) the Permanent Secretary in the Ministry for the time being responsible for matters relating to broadcasting or his representative; (l) the Attorney-General or his representative; (m) the Commissioner of Police or his representative; (n) the Permanent Secretary in the Ministry for the time being responsible for matters relating to home affairs, heritage and sports or his representative; Rev.

2010] Copyright CAP.

130 11 (o) the Permanent Secretary to the Treasury or his representative; (p) the Executive Director appointed under section 11; and (q) not more than four other members appointed by the Minister by virtue of their knowledge and expertise in matters relating to copyright and other related rights.

(2) The Minister shall appoint a chairman from among the members appointed under subsection (1).

The Board shall have all powers necessary for the proper Functions and powers performance of its functions under this Act and in particular, but of the Board.

without prejudice to the generality of the foregoing, the Board shall have power to (a) control, supervise and administer the assets of the Board in such manner as best promotes the purposes for which the Board is established; (b) determine the provisions to be made for capital and recurrent expenditure and for reserves of the Board; (c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; (d) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposes for which the Board is established; (k) open a banking account or banking accounts for the funds of the Board; and (f) invest any of its funds not immediately required for its purposes in the manner provided in section 20.

(1) The conduct and regulation of the business and affairs of Conduct of business the Board shall be as provided in the Schedule.

and affairs of the Board.

(2) Except as provided in the Schedule, the Board may regulate its own procedure.

The Board shall pay its members such remuneration, fees, or Remuneration of allowances for expenses as it may determine after consultation with the Board members.

Minister for the time being responsible for nance.

CAP12.

130 Copyright [Rev.

2010 Delegation by the 10.

The Board may, by resolution either generally or in any Board.

particular case, delegate to any committee of the Board or to any member, ofcer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Executive Director.

11.

(l) There shall be an Executive Director of the Board who shall be appointed by the Minister on the recommendation of the Board and whose terms and conditions of service shall be determined by the Minister in the instrument of appointment or otherwise in writing from time to time.

(2) No person shall be appointed under this section unless such person (a) is a person qualied as an advocate of the High Court of Kenya of not less than ve years standing or has held judicial ofce in Kenya; or (b) has at least ve years experience in matters relating to copyright and other related rights; or (c) has served in a senior position in a copyright ofce for at least three years.

(3) The Executive Director shall (a) be an ex-ofcio member of the Board but shall have no right to vote at any meetings of the Board; (b) be the secretary to the Board; and (c) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Board.

Staff of the Board.

12.

The Board may appoint such Deputy Executive Directors, Assistant Executive Directors, and such ofcers or other staff of the Board as are necessary for the proper discharge of its functions under this Act or any other written law upon such terms and conditions of service as the Board may determine.

The common seal of 13.

(1) The common seal of the Board shall be kept in such the Board.

custody as the Board may direct and shall not be used except on the order of the Board.

Rev.

2010] Copyright CAP.

130 13 (2) The common seal of the Board when afxed to a document and duly authenticated shall be judicially and ofcially noticed and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.

14.

No matter or thing done by a member of the Board or any Protection from ofcer, employee or agent of the Board shall, if the matter or thing is Personal liability.

done bona de for executing the functions, powers or duties of the Board, render the member, ofcer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

15.

The provisions of section 14 shall not relieve the Board of the Liability of the Board liability to pay compensation or damages to any person for an injury to for Damages.

him, his property or any of his interests caused by the exercise of the powers conferred on the Board by this Act or by any other written law or by the failure, whether wholly or partially, of any works.

16.

(1) The funds of the Board shall comprise Funds of the Board.

(a) such sums as may be granted to the Board by the Minister pursuant to subsection (2); (b) such monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; and (c) all monies from any other source provided for or donated or lent to the Board.

(2) There shall be made to the Board, out of monies provided by Parliament for that purpose, grants towards the expenditure incurred by the Board in the exercise of its powers or the performance of its functions under this Act.

17.

The nancial year of the Board shall be the period of twelve Financial year.

months ending on the thirtieth June in each year.

18.

(1) At least three months before the commencement of each Annual estimates.

nancial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for that year.

(2) The annual estimates shall make provision for all estimated expenditure of the Board for the nancial year and in particular, the estimates shall provide for CAP14.

130 Copyright [Rev.

2010 (a) the payment of the salaries, allowances and other charges in respect of the staff of the Board; (b) the payment of pensions, gratuities and other charges in respect of the staff of the Board; (c) the proper maintenance of the buildings and grounds of the Board; (d) the remuneration of Board members pursuant to section 9; (e) the maintenance, repair and replacement of equipment and other property of the Board; and (f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benets, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate.

(3) The annual estimates shall be approved by the Board before the commencement of the nancial year to which they relate and shall be submitted to the Minister for approval and after the Ministers approval, the Board shall not increase the annual estimates without the consent of the Minister.

Accounts and audit.

19.

(1) The Board shall cause to be kept all proper books and records of accounts of its income, expenditure and assets.

(2) Within a period of four months from the end of each nancial year, the Board shall submit to the Auditor General (Corporations) or to an auditor appointed under this section, the accounts of the Board together with- (a) a statement of the income and expenditure of the Board during that year; and (b) a statement of the assets and liabilities of the Board on the last day of that year.

(3) The accounts of the Board shall be audited and reported upon Cap.

412.

in accordance with sections 29 and 30A of the Exchequer and Audit Act, by the Auditor-General (Corporations), or by an auditor appointed by the Board with the approval of the Auditor-General (Corporations) given in accordance with section 29 (2) (b) of the Exchequer and Audit Act.

Investment of funds.

20.

(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest trust funds, or in Rev.

2010] Copyright CAP.

130 15 any other securities which the Treasury may, from time to time, approve for that purpose.

(2) The Board may place on deposit with such bank or banks as it may determine, any monies not immediately required for the purposes of the Board.

21.

(1) Any person aggrieved by the decision of the Board under this Act may, within sixty days from the date of the decision, appeal to Appeals.

the competent authority.

(2) On request from the competent authority, the Board shall provide written comments on any matter over which an appeal has been submitted to the competent authority under this section.

(3) The competent authority shall issue a decision on the appeal within thirty days from the date of such an appeal, and such decision shall be nal.

part IIICopyrIght and other related rIghts 22.

(1) Subject to this section, the following works shall be Works eligible for eligible for copyright- copyright.

(a) literary works; (b) musical works; (c) artistic works; (d) audio-visual works; (e) sound recordings; and (f) broadcasts.

(2) A broadcast shall not be eligible for copyright until it has been broadcast.

(3) A literary, musical or artistic work shall not be eligible for copyright unless- (a) sufcient effort has been expended on making the work to give it an original character; and (b) the work has been written down, recorded or otherwise reduced to material form.

CAP16.

130 Copyright [Rev.

2010 (4) A work shall not be ineligible for copyright by reason only that the making of the work, or the doing of any act in relation to the work, involved an infringement of copyright in some other work.

(1) Copyright shall be conferred by this section on every work of nationality or eligible for copyright of which the author, or, in the case of a work of residence, and joint authorship, any of the authors is, at the time when the work is duration of copyright.

made, a citizen of, or is domiciled or ordinarily resident in, Kenya or 6 of 2006, s.

71.

is a body corporate which is incorporated under or in accordance with the laws of Kenya.

(2) The term of a copyright conferred by this section shall be calculated according to the following table- Type of Work Date of Expiration of Copyright 1.

Literary, musical or Fifty years after the end of the year in artistic work other which the author dies.

than photographs 2.

Audio-visual works Fifty years from the end of the year in and photographs which the work was either made, rst made available to the public, or rst published, whichever date is the latest.

Sound recordings Fifty years after the end of the year in which the recording was made.

Broadcasts Fifty years after the end of the year in which the broadcast took place.

(3) In the case of anonymous or pseudonymous literary, musical or artistic works, the copyright therein shall subsist until the expiration of fty years from the end of the year in which it was rst published: Provided that in the event of the identity of the author becoming known the term of protection of a copyright shall be calculated in accordance with subsection (2).

(4) In the case of a work of joint authorship, reference in the preceding table to the death of the author shall be taken to refer to the author who dies last, whether or not he is a qualied person.

(5) Notwithstanding anything else contained in this Act copyright in works eligible for copyright and vested in the National Museums Rev.

2010] Copyright CAP.

130 17 Board of Directors or the National Museums is conferred in perpetuity on the National Museums.

24.

(1) Copyright shall be conferred by this section on every Copyright by work, other than a broadcast which is eligible for copyright and which- reference to country of origin.

(a) being a literary, musical or artistic work or any audio-visual work, is rst published in Kenya; or (b) being a sound recording, is made or first published in Kenya; or (c) being a broadcast, is transmitted from transmitters situated in Kenya.

(2) Copyright conferred on a work by this section shall have the same duration as is provided for in section 23 in relation to a similar work.

25.

(1) Copyright is conferred under this section on any work Copyright in works eligible for copyright which has been created pursuant to a commission of Government and from the Government or such international body or non-governmental international bodies.

body as may be prescribed, and on which no copyright has been conferred under section 23 (1) or 24 (1).

(2) Copyright conferred by this section on a literary, musical or artistic work, shall subsist until the end of the expiration of fty years from the end of the year in which it was rst published.

(3) Copyright conferred by this section on any audio-visual work, photograph, sound recording or broadcast shall have the same duration as is provided for by section 23 in relation to a similar work.

(4) Sections 23 and 24 shall not confer copyright on works to which this section applies.

26.

(1) Copyright in a literary, musical or artistic work or audio- Nature of copyright visual work shall be the exclusive right to control the doing in Kenya of in literary, musical any of the following acts, namely the reproduction in any material form or artistic works and of the original work or its translation or adaptation, the distribution to the audio-visual works.

public of the work by way of sale, rental, lease, hire, loan, importation or similar arrangement, and the communication to the public and the broadcasting of the whole work or a substantial part thereof, either in its original form or in any form recognisably derived from the original; but copyright in any such work shall not include the right to control - CAP18.

130 Copyright [Rev.

2010 (a) the doing of any of those acts by way of fair dealing for the purposes of scientic research, private use, criticism or review, or the reporting of current events subject to acknowledgement of the source; (b) the reproduction and distribution of copies, or the inclusion in a lm or broadcast, of an artistic work situated in a place where it can be viewed by the public; (c) the incidental inclusion of an artistic work in a lm or broadcast; (d) the inclusion in a collection of literary or musical works of not more than two short passages from the work in question if the collection is designed for use in a school registered Cap.

211.

under the Education Act or any university established by or under any written law and includes an acknowledgement of the title and authorship of the work; (e) the broadcasting of a work if the broadcast is intended to be used for purposes of systematic instructional activities; (f) the reproduction of a broadcast referred to in the preceding paragraph and the use of that reproduction in a school registered under the Education Act or any university established by or under any written law for the systematic instructional activities of any such school or university; (g) the reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary work if accompanied by a sufcient acknowledgement of the author; (h) the reproduction of a work by or under the direction or control of the Government, or by such public libraries, non- commercial documentation centers and scientic institutions as may be prescribed, where the reproduction is in the public interest and no revenue is derived therefrom; (i) the reproduction of a work by or under the direction or control of a broadcasting authority where the reproduction or copies thereof are intended exclusively for broadcast by that broadcasting authority authorized by the copyright owner of the work and are destroyed before the end of the period of six calendar months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting authority and the owner Rev.

2010] Copyright CAP.

130 19 of the relevant part of the copyright in the work; and any reproduction of a work made under this paragraph may, if it is of an exceptional documentary nature, be preserved in the archives of the broadcasting authority, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant part of the copyright in the work; (j) the broadcasting of a literary, musical or artistic work or audio-visual works already lawfully made accessible to the public with which no licensing body referred to under section 46 is concerned: Provided that subject to the provisions of this section the owner of the broadcasting right in the work receives fair compensation determined, in the absence of agreement, by the competent authority appointed under section 48; and (l) any use made of a work for the purpose of a judicial proceeding or of any report of any such proceeding.

(2) Copyright in a work of architecture shall also include the exclusive right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original; but the copyright in any such work shall not include the right to control the reconstruction of a building to which that copyright relates in the same style as the original.

(3) Copyright of a computer program shall not constitute fair dealing for the purposes of paragraph (a) of subsection (1).

(4) Notwithstanding the provisions of subsection (3), a person who is in lawful possession of a computer program may do any of the following acts without the authorization of the right holder whereby copies are necessary for the use of the computer program in accordance with its intended purpose - (a) to make copies of the program to the extent necessary to correct errors; or (b) to make a back-up copy; or (c) for the purpose of testing a program to determine its suitability for the persons use; or (d) for any purpose that is not prohibited under any license or agreement whereby the person is permitted to use the program.

CAP20.

130 Copyright [Rev.

2010 (5) The authorization of the right holder of the program shall not be required to decompile the program, convert the program into a version expressed in different programming language, code, notation for the purpose of obtaining information needed to enable the program to operate with other programs.

(6) Any copies made pursuant to this section shall be used only for the purpose for which it was made and shall be destroyed when the persons possession of the computer program ceases to be lawful.

Broadcasting of 27.

(1) Where the owner of the copyright in any literary, musical or works incorporated in artistic work authorizes a person to incorporate the work in audio-visual audio-visual works.

works and a broadcasting authority broadcasts such works, it shall, in the absence of any express agreement to the contrary, be deemed that the owner of the copyright authorized the broadcast.

(2) Notwithstanding subsection (1),where a broadcasting authority broadcasts audio-visual works in which a musical work is incorporated, the owner of the right to broadcast the musical work shall, subject to the provisions of this Act, be entitled to receive fair compensation from the broadcasting authority, and in the absence of an agreement the amount of compensation shall be determined by the competent authority appointed under section 48.

Nature of copyright 28.

(1) Subject to subsections (2) and (3), copyright in sound in sound recordings.

recordings shall be the exclusive right to control the doing in Kenya of any of the following acts in respect of the sound recording, namely- (a) the direct or indirect reproduction in any manner or form; or (b) the distribution to the public of copies by way of nsale, rental, lease, hire, loan or any similar arrangements; or (c) the importation into Kenya; or (d) the communication to the public or the broadcasting of the sound recording in whole or in part either in its original form or in any form recognizably derived from the original.

(2) The provisions of paragraphs (a), (f), (j) and (h) of section 26 (1) shall apply mutatis mutandis to the copyright in a sound recording.

(3) Subject to subsections (4) and (5), the rights of an owner of a copyright in a sound recording are not infringed by the making of a single copy of the recording for the personal and private use of the person making the copy; and in respect of such use the owner of copyright in Rev.

2010] Copyright CAP.

130 21 the sound recording shall have the right to receive fair compensation consisting of a royalty levied on audio recording equipment or audio blank tape suitable for recording and other media intended for recording, payable at the point of rst sale in Kenya by the manufacturer or importer for commercial purposes of such equipment or media.

(4) The level of the royalty payable under subsection (3) shall be agreed between organizations representative of producers of sound recordings and of manufacturers and importers of audio recording equipment, audio blank tape and media intended for recording or failing such agreement by the competent authority appointed under section 48.

(5) All claims for compensation under this section shall be made through an organization representative of producers of sound recordings.

(6) Any person who, for commercial purposes, makes available any audio recording equipment for the purposes of enabling any other person to make single copies of any sound recording for his personal or private use, without payment of the royalty levied under subsection (3) shall be guilty of an offence and shall be liable to a ne not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding four years or to both.

29.

Copyright in a broadcast shall be the exclusive right to control Nature of copyright the doing in Kenya of any of the following acts, namely, the xation and in broadcasts.

the rebroadcasting of the whole or a substantial part of the broadcast and the communication to the public of the whole or a substantial part of a television broadcast either in its original form or in any form recognizably derived from the original, but- (a) paragraphs (a), (f), (e) and (l) of section 26 (1) shall apply mutatis mutandis to the copyright in a broadcast; and (b) the copyright in a television broadcast shall include the right to control the taking of still photographs therefrom.

30.

(1) No person shall do any of the following acts without the Rights of performers.

authorization of the performer- (a) broadcast his performance except where the broadcast is made from a xation of the performance authorized by the performer; (b) communicate to the public his performance except where the communication- (i) is made from a xation of the performance; or CAP22.

130 Copyright [Rev.

2010 (ii) is made from broadcast of the performance, authorized by the performer; (c) make a xation of a previously unxed performance; and (d) reproduce a xation of the performance in either of the following cases- (i) where the performance was initially xed without the authorization of the performer; or (ii) where the reproduction is made for purposes different from those for which the performer gave his authorization.

(e) rent for commercial purposes to the public, the original and copies of their xed performances.

(2) In the absence of any contractual agreement to the contrary in circumstances of employment from which the contrary would normally be inferred- (a) the authorization to broadcast does not imply an authorization to license other organizations to broadcast the performance; (b) the authorization to broadcast does not imply an authorization to make a xation of the performance; and (c) the authorization to broadcast and x the performance does not imply an authorization to reproduce the xation.

(3) A binding authorization given under this section may be given by the performer or by a duly appointed representative to whom he has granted in writing the right to give such authorization; and any authorisation given by the performer claiming that he has retained the relevant rights or by a person claiming to be a duly appointed representative of a performer shall be considered valid unless the recipient knew or had good reason to believe that the claim or appointment, as the case may be, was not valid.

(4) Protection of the rights of the performer under this section shall subsist for fty years after the end of the year in which the performance took place.

(5) The performer shall, during his lifetime, as regards live performances or performances xed in phonograms, have the right, independently of his economic rights, to - Rev.

2010] Copyright CAP.

130 23 (a) be identied as the performer of his performances and to object to any distortion, mutilation, or other modication of his performances that would be prejudicial to his reputation; and (b) seek relief in connection with any distortion, mutilation or other modication of, and any other derogatory action in relation to his work, where such work would be or is prejudicial to his honour or reputation.

(6) In this section - performance means the representation of a work by such action as dancing, playing, reciting, singing, declaiming or projecting to listeners by any means whatsoever; performer means an actor, singer, declaimer, musician or other person who performs a literary or musical work and includes the conductor of the performance of any such work; publication means a work or a sound recording, tangible copies of which have been made available to the public in a reasonable quantity for sale, rental, public lending or for other transfer of the ownership or the possession of the copies, provided that, in the case of a work, the making available to the public took place with the consent of the author or other owner of copyright, and in the case of a sound recording, with the consent of the producer of the sound recording or his successor in title.

31.

(1) Copyright conferred by sections 23 and 24 shall vest First ownership of initially in the author: copyright.

Provided that where a work - (a) is commissioned by a person who is not the authors employer under a contract of service; or (b) not having been so commissioned, is made in the course of the authors employment under a contract of service, the copyright shall be deemed to be transferred to the person who commissioned the work or the authors employer, subject to any agreement between the parties excluding or limiting the transfer.

(2) Copyright conferred by section 25 shall vest initially in the Government or such international bodies or other governmental organizations as may be prescribed, and not in the author.

CAP24.

130 Copyright [Rev.

2010 (3) In this section owner of copyright- (a) where the economic rights are vested in the author, means the author; (b) where the economic rights are originally vested in a physical person other than the author or in a legal entity, means that person or entity; and (c) where the ownership of the economic rights has been transferred to a physical person or legal entity, means that person or entity.

Moral rights of an 32.

(1) Independently of the authors economic rights and even author.

after the transfer of the said rights, the author shall have the right to- (a) claim the authorship of the work; and (b) object to any distortion, mutilation or other modication of or other derogatory action in relation to, the said work which would be prejudicial to his honour or reputation.

(2) None of the rights mentioned in subsection (1) shall be transmissible during the life of the author but the right to exercise any of the said rights shall be transmissible by testamentary disposition or by operation of the law following the demise of the author.

(3) The author has the right to seek relief in connection with any distortion, mutilation or other modication of, and any other derogatory action in relation to his work, where such work would be or is prejudicial to his honour or reputation.

Assignment and 33.

(1) Subject to this section, copyright shall be transmissible licences.

by assignment, by licence, testamentary disposition, or by operation of law as movable property.

(2) An assignment or testamentary disposition of copyright may be limited so as to apply only to some of the acts which the owner of the copyright has the exclusive right to control, or to a part only of the period of the copyright, or to a specied country or other geographical area.

(3) No assignment of copyright and no exclusive licence to do an act the doing of which is controlled by copyright shall have effect unless it is in writing signed by or on behalf of the assignor, or by or on behalf of the licensor, as the case may be and the written assignment of copyright shall be accompanied by a letter of verication from the Board in the event of an assignment of copyright works from outside Kenya.

Rev.

2010] Copyright CAP.

130 25 (4) A non-exclusive licence to do an act the doing of which is controlled by copyright may be written or oral, or may be inferred from conduct, and may be revoked at any time, but a licence granted by contract shall not be revoked, either by the person who granted the licence or his successor in title, except as the contract may provide, or by a further contract.

(5) An assignment, licence or testamentary disposition may be effectively granted or made in respect of a future work, or an existing work in which copyright does not yet subsist, and the prospective copyright in any such work shall be transmissible by operation of law as movable property.

(6) A testamentary disposition of the material on which a work is rst written or otherwise recorded shall, in the absence of contrary indication, be taken to include the disposition of any copyright or prospective copyright in the work which is vested in the deceased.

(7) Where an agreement for assignment of copyright does not specify the period of assignment, the assignment shall terminate after three years.

(8) In the case of agreements regarding future works which are not specied in detail, either party may, on giving not less than one months notice, terminate the agreement not earlier than three years after it was signed or such shorter period as may be agreed.

(9) A licence granted in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright, shall be binding upon every successor in title to his interest in the copyright, except a purchaser in good faith and without notice, actual or constructive, of the licence, or a person deriving title from such purchaser and any reference in this Act to the doing of anything in relation to any copyright, with or without the licence of the owner of the copyright, shall be construed accordingly.

(10) Where the doing of anything is authorised by the grantee of a licence or a person deriving title from the grantee, and it is within the terms, including any implied terms of the licence for him to authorise it, it shall for the purpose of this Act be deemed to be done with the licence of the grantor and of every person, if any, upon whom the licence is binding.

34.

(1) An exclusive licensee and exclusive sub-licensee shall have Rights of action and the same rights of action and be and entitled to the same remedies, as if remedies of exclusive the licence were an assignment and those rights and remedies shall be licensee and sub- licensee.

CAP26.

130 Copyright [Rev.

2010 and concurrent with the rights and remedies of the owner of the copyright under which the licence and sub-licence were granted.

(2) Before an exclusive licensee or sub-licensee institutes proceedings under subsection (1), he shall give notice in writing to the owner of the copyright concerned, of his intention to do so, and the owner may intervene in such proceedings and recover any damages he may have suffered as a result of the infringement concerned or a reasonable royalty to which he may be entitled.

part IV InfrIngement Infringement.

35.

(1) Copyright shall be infringed by a person who, without the licence of the owner of the copyright- (a) does, or causes to be done, an act the doing of which is controlled by the copyright; or (b) imports, or causes to be imported, otherwise than for his private and domestic use, an article which he knows to be an infringing copy.

(2) The rights of a performer shall be infringed by a person who without the consent of the performer- (a) does, or causes to be done, any act specied in section 30 (1); or (b) imports or causes to be imported, otherwise than for his own private or domestic use, an article which he knows would have been made contrary to section 30 had it been made in Kenya by the importer.

(3) Copyright and related rights shall be infringed by a person who - (a) circumvents any effective technical measure designed to protect works; or (b) manufactures or distributes devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect works protected under this Act; or (c) removes or alters any electronic rights management information; or Rev.

2010] Copyright CAP.

130 27 (d) distributes, imports, broadcasts or makes available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without the authority of the right holder.

(4) Infringement of any right protected under this Act shall be actionable at the suit of the owner of the right and in any action for infringement the following reliefs shall be available to the plaintiff- (a) the relief by way of damages, injunction, accounts or otherwise that is available in any corresponding proceedings in respect of infringement of other proprietary rights; (b) delivery up to the plaintiff of any article in the possession of the defendant which appears to the court to be an infringing copy, or any article used or intended to be used for making infringing copies; (c) in lieu of damages, the plaintiff at his option, be awarded an amount calculated on the basis of reasonable royalty which would have been payable by a licensee in respect of the work or type of work concerned; (d) for the purpose of determining the amount of damages or a reasonable royalty to be awarded under this section or section 33 (2), the court may direct an enquiry to be held and may prescribe such procedures for conducting such enquiries as the court considers necessary; and (e) before the owner of the right institutes proceedings under this section, he shall give notice in writing to the exclusive licensee or sub-licensee of the copyright concerned of the intention to do so, and the exclusive licensee or sub- licensee may intervene in such proceedings and recover any damages he may have suffered as a result of the infringement concerned or a reasonable royalty to which he may be entitled.

(5) Where in an action for infringement of copyright it is proved or admitted- (a) that an infringement was committed; but (b) that at the time of the infringement the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any CAP28.

130 Copyright [Rev.

2010 damages against the defendant in respect of the infringement whether or not other relief is granted under this section.

(6) Where in an action under this section an infringement of copyright protected under this Act is proved or admitted, and the court, having regard (in addition to all other material considerations) to- (a) the agrancy of the infringement; and (b) any benet shown to have accrued to the defendant by reason of the infringement, is satised that effective relief would not otherwise be available to the plaintiff, the court, in assessing damages for the infringement, may award such additional damages by virtue of this subsection as the court may consider appropriate in the circumstances.

(7) No injunction shall be issued in proceedings for infringement of any right protected under this Act which requires a completed or partly built building to be demolished or prevents the completion of a partly built building.

(8) In an action under this section- (a) copyright shall be presumed to subsist in the work or other subject matter to which the action relates, if the defendant does not put in issue the subsistence of copyright therein; and (b) where the subsistence of copyright is proved, admitted or presumed under paragraph (a), the plaintiff shall be presumed to be the owner of the copyright if he makes a claim thereto and the defendant does not dispute that claim.

(9) Where in an action under this section, a name purporting to be the name of the author or joint author appears on copies of a literary or musical work as published or an artistic work when it was made, any person whose name so appears, if it is his true name or the name by which he is commonly known, shall be presumed, unless the contrary is proved, to be the author of the work.

(10) In the case of an anonymous or pseudonymous work, the publisher whose name appears on the work shall, in the absence of any proof to the contrary, be presumed to represent the author and, in this capacity, shall be entitled to exercise and enforce the moral and economic rights of the author: Rev.

2010] Copyright CAP.

130 29 Provided that the presumption under this subsection shall cease to apply when the author reveals his identity or where the pseudonym leaves no doubts as to the identity of the author.

(11) Where, in any action under this section, the author of the literary, musical or artistic work to which the action relates is dead, it shall be presumed, unless the contrary is proved- (a) that the work is eligible for copyright; and (b) that any allegation by the plaintiff that the work is a rst publication and was published in a specied country on a specied date, is true.

(12) Where, in an action under this section, the sound recording to which the action relates is reproduced on a record bearing a label or other mark which has been issued to the public, any statement on that label or mark to the effect that a person named thereon was the maker of the sound recording or by whom the recording was rst published in a specied year shall, unless the contrary is proved, be presumed to be true.

(13) In this section - record means any disc, tape, perforated roll or other device in which sounds or the representations of sounds are embodied which are capable of reproduction therefrom with or without the aid of another instrument.

action includes a counterclaim and references to the plaintiff and to the defendant in an action shall be construed accordingly; court means a court of competent jurisdiction; owner of the copyright means the rst owner, an assignee or an exclusive licensee, as the case may be, of the relevant portion of the copyright.

36.

(1) A manufacturer or producer of sound and audio-visual Authentication of works or recordings shall apply to the Board for the authentication of copyright.

(2) The Board shall authenticate copyright works according to all required documents furnished to it by the applicant for that purpose and shall issue an approval certicate in the prescribed form to the applicant for authority to purchase an authentication device from the Kenya Revenue Authority.

CAP30.

130 Copyright [Rev.

2010 (3) A manufacturer or producer of sound recordings or audio- visual works shall purchase such authentication device from the Kenya Revenue Authority as may be required to cover the number of copyright works he intends to sell or distribute.

(4) The authentication device shall be afxed to each copy of the copyright work made or published by the applicant.

(5) No person shall sell or exhibit for sale any copyright works that require an authentication device in any form without an authentication device afxed thereto pursuant to subsection (4).

(6) Any person who sells or offers for sale any copyright work that require an authentication device without an authentication device afxed thereto is guilty of an offence and is liable to a ne not exceeding ve hundred thousand shillings, or to imprisonment for a term not exceeding four years, or to both.

Anton Piller Orders.

37.

(1) If a person has prima facie evidence that his right has been infringed by another party and he satises the court or competent authority that prima facie- (a) he has a cause of action against another person which he intends to pursue; (b) the other person has, in his possession documents infringing copies or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and (c) there is the real and well-founded apprehension that the documents, infringing copies or other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way, the court or competent authority as the case may be, may make such order as it considers necessary or appropriate to secure the preservation of the documents, copies or things as evidence.

(2) An order made under subsection (1) may be granted ex parte.

Offences and 38.

(1) Any person who, at a time when copyright or the right of penalties for a performer subsists in a work- infringement.

(a) makes for sale or hire any infringing copy; or Rev.

2010] Copyright CAP.

130 31 (b) sells or lets for hire or by way of trade exposes or offers for sale any infringing copy; or (c) distributes infringing copies; or (d) possesses otherwise than for his private and domestic use, any infringing copy; or (e) imports into Kenya otherwise than for his private and domestic use any infringing copy; or (f) makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies, shall, unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright or the right of a performer would or might thereby be infringed, be guilty of an offence.

(2) Any person who causes a literary or musical work, an audio- visual work or a sound recording to be performed in public at a time when copyright subsists in such work or sound recording and where such performance is an infringement of that copyright shall be guilty of an offence unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright would or might be infringed.

(3) For the purposes of paragraphs (a) to (f) of subsection (1), any person who has in his possession, custody or control two or more infringing copies of a work in the same form, shall, unless the contrary is proved, be presumed to be in possession of or to have imported such copies otherwise than for private and domestic use.

(4) Any person guilty of an offence under paragraph (a), (c), (e) or (f) of subsection (1) shall be liable to a ne not exceeding four hundred thousand shillings or to imprisonment for a term not exceeding ten years or to both.

(5) Any person guilty of an offence under paragraph (b) or (d) of subsection (1) shall be liable to a ne not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

(6) A person convicted of an offence under this section shall be liable - (a) in the case of a rst conviction, to a ne not exceeding four CAP32.

130 Copyright [Rev.

2010 hundred thousand shillings, or to imprisonment for a term not exceeding six years, or to both; and (b) in any other case, to a ne not exceeding eight hundred thousand shillings, or to imprisonment for a term not exceeding ten years, or to both.

(7) Any person guilty of an offence under subsection (2) shall be liable to a ne not exceeding ve hundred thousand shillings, or to imprisonment for a term not exceeding four years, or to both.

(8) The court before which a person is charged with an offence under this section, shall whether such person is convicted of the offence or not, order that any article in his possession which appears to the court to be an infringing copy, or to be an article used or intended to be used for making infringing copies, be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court may think t.

(9) No prosecution for an offence under this section shall be instituted- (a) after the expiration of the period of three years immediately following the date of the alleged offence; and (b) except, before the High Court or a Resident Magistrates Court.

(10) One half of all nes imposed and recovered by a competent court in respect of the contravention of any of the provisions of this Act or of any regulations made thereunder shall be paid into the revenues of the Board and the other half shall be paid into the general revenues of Kenya.

part VInspeCtIon Inspectors.

39.

(1) The Board shall, for the purposes of enforcing the provisions of this Act, appoint such number of inspectors as the Board considers appropriate and shall issue to them, in writing or in such form as may be prescribed, certicates of authority to act as such inspectors.

(2) In addition to inspectors appointed under subsection (1), any member of the Board or a police ofcer may perform the functions of an inspector under this Act.

(3) A person appointed as an inspector shall hold ofce subject to such conditions as the Board may determine with approval of the Minister.

Rev.

2010] Copyright CAP.

130 33 40.

Subject to the provisions of this section, an inspector Entry into premises.

may, at any reasonable time and on production of his certicate of authority, enter any premises, ship, aircraft or vehicle for the purpose of ascertaining whether there is or has been, on or in connexion with such premises, ship, aircraft or vehicle any contravention of this Act.

41.

(1) For the purpose of ascertaining whether there is or has Mode of inspection.

been a contravention of this Act, an inspector may inspect - (a) any substance or article appearing to him to be a work; (b) any container or package used or intended to be used to contain any work; or (c) any plant or equipment appearing to him to be used or intended to be used in connexion with the production, reproduction or otherwise manufacture of a work.

(2) An inspector may seize and detain any substance or article which he has reasonable cause to believe to be an infringing copy of any work or in relation to which or by means of which he has reasonable cause to believe that an offence under this Act has been or is being committed, and any document which he has reasonable cause to believe to be a document which may be required in proceedings under this Act.

(3) Where an inspector seizes any work he shall in writing, notify the person from whom it is seized the fact of that seizure and shall in that notication specify any item seized.

(4) Any person who - (a) willfully obstructs an inspector in the discharge of the inspectors duties; or (b) willfully fails to comply with any requirement properly made to him by an inspector; or (c) without reasonable cause fails to give to the inspector any assistance or information which the inspector may reasonably require of that person for the purpose of the performance of his duties under this Act; or (d) in giving any such information as is mentioned in subparagraph (c), makes any statement which he knows to be false or does not believe to be true, shall be guilty of an offence and shall be liable to a ne not exceeding CAP34.

130 Copyright [Rev.

2010 twenty thousand shillings or to imprisonment for a term not exceeding six months or to both.

Powers of arrest.

42.

(1) An inspector of the Board, duly authorized in writing by the 10 of 2010, s.

77.

Board and wearing a visible badge of ofce may, following an inspection under this Act, notify a police ofcer of any offence suspended to have been committed under this Act and request such police ofcer to arrest the person suspected of having committed the offence.

(2) A police ofcer who is notied of an offence suspected to have been committed under subsection (1) may, upon obtaining a warrant of arrest, effect an arrest, and may thereupon conscate any offending material necessary for evidence before a Court.

Conduct of 43.

(1) The Attorney-General may, pursuant to the provisions prosecution.

of the Criminal Procedure Code, appoint public prosecutors for the purposes of cases arising under this Act.

Cap.

75.

(2) The Board shall, for the purposes of section 171 (4) of the Criminal Procedure Code, be deemed to be a public authority.

Inspectors not 44.

An inspector shall not be personally liable in respect of any personally liable for act done in good faith by him in the course of his employment and in acts done under this the execution or purported execution of any duty under this Act.

Act.

part VIpublIC domaIn Works in the public 45.

(1) The following works shall belong to the public domain- domain.

(a) works whose terms of protection have expired; (b) works in respect of which authors have renounced their rights; and (c) foreign works which do not enjoy protection in Kenya.

(2) For the purposes of paragraph (b), renunciation by an author or his successor in title of his rights shall be in writing and made public but any such renunciation shall not be contrary to any previous contractual obligation relating to the work.

(3) Subject to the payment of such fees as may be determined by the Minister in relation thereto, a work which has fallen into the public domain may be used without any restriction.

Rev.

2010] Copyright CAP.

130 35 part VIColleCtIVe admInIstratIon of CopyrIght 46.

(1) No person or association of persons shall commence or Collective carry on the business of a copyright collecting society except under or in adminstration of copyright.

accordance with a certicate of registration granted under this section.

(2) Applications for registration as collecting societies shall be made to the Board accompanied with the prescribed fees and the Board, by a Gazette notice is empowered to declare a body which has applied for registration a collecting society, for all relevant copyright owners or for such classes of relevant copyright owners as are specied in the notice.

(3) Every certicate issued to a collecting society shall be in the prescribed form and shall unless cancelled be valid for a period of twelve months from the date of issue.

that - (4) The Board may approve a collecting society if it is satised (a) the body is a company limited by guarantee and incorporated Cap.

486.

under the Companies Act; (b) it is a non-prot making entity; (c) its rules and regulations contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of members of the collecting society are adequately protected; (d) its principal objectives are the collection and distribution of royalties; and (e) its accounts are regularly audited by independent external auditors elected by the society.

(5) The Board shall not approve another collecting society in respect of the same class of rights and category of works if there exists another collecting society that has been licenced and functions to the satisfaction of its members.

(6) The Board may, where it finds it expedient, assist in establishing a collecting society for any class of copyright owners.

(7) There shall be a transitional registration period not exceeding six months from the date of commencement of this Act: Provided that the Minister may extend the period upon application by a collecting society.

CAP36.

130 Copyright [Rev.

2010 (8) All collecting societies that are presently registered under any other written law in Kenya, shall within the period specied in subsection (7), apply for and obtain a certicate under this Act.

(9) The Board may by notice in the Gazette deregister a collecting society if its satised that the collecting society - (a) is not functioning adequately as a collecting society; (b) is not acting in accordance with its Memorandum and Articles of Association or in the best interests of its members; (c) has altered its rules so that it no longer complies with subsection 4 of this section and; (d) it has refused or failed to comply with any of the provisions of this Act.

Annual reports and 47.

(1) A collecting society shall, as soon as reasonably accounts.

practicable after the end of each nancial year, submit to the Board- (a) a report of its operations during that year; (b) a copy of its audited accounts in respect of that year.

Cap.

486.

(2) This section shall apply without prejudice to the obligations of a collecting society under the provisions of the Companies Act.

Appointment of 48.

(1) There shall be a competent authority appointed by the competent authority Minister for the purpose of exercising jurisdiction under this Act where and duties of any matter requires to be determined by such authority.

authority.

(2) Subject to subsection (3), in any case where it appears to the competent authority that - (a) the Board is unreasonably refusing to grant a certicate of registration in respect of a collecting society; or (b) the board is imposing unreasonable terms or conditions on the granting of such a certicate; or (c) a collecting society is unreasonably refusing to grant a licence in respect of a copyright work; or (d) a collecting society is imposing unreasonable terms or conditions on the granting of such a licence; Rev.

2010] Copyright CAP.

130 37 (e) the competent authority may direct that as respects the doing of any act relating to work with which the collecting society is concerned or with respect to the granting of a certicate to operate as a collecting society, a licence or a certicate shall be deemed to have been granted by the collecting society or the Board at the time the act is done or the application is made, provided the appropriate fees are paid or tendered before the expiration of such period or periods as the competent authority may determine.

(3) Where a dispute has been referred to the competent authority under this section, the competent authority shall, in accordance with such procedure as may be prescribed, give both parties an opportunity to present their respective cases, either in person or through representatives, both orally and in writing.

(4) In this section - collecting society means an organization which has as its main object, or one of its main objects, the negotiating for the collection and distribution of royalties and the granting of licenses in respect of copyright works or performers rights; and competent authority means an authority of not less than three and not more than ve persons, one of whom shall be a person qualied as an advocate of the High Court of Kenya of not less than seven years standing or a person who holds or has held judicial ofce in Kenya who shall be the chairman, appointed by the Minister for the purpose of exercising jurisdiction under this Act where any matter requires to be determined by such authority.

(5) No person shall be appointed under this section, nor shall any person so appointed act as a member competent authority, if he, his partner, his employer, ly body (whether statutory or not) of which he is a member has a pecuniary interest in any matter which requires to be determined by the authority.

part VIImIsCellaneous 49.

The Minister may make regulations generally for the better Regulations and carrying out of the provisions of extension of the Act and, without extension of prejudice to the generality of the application of the doing, the Minister application of the may in such regulations- Act.

(a) prescribe anything required by this Act to be prescribed; CAP38.

130 Copyright [Rev.

2010 (b) extend the application of this Act in respect of any or all of the works referred to in section 22 (1) - (i) to individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of; or (ii) to works, other than sound recordings, rst published in; or (iii) to sound recordings made or published in Kenya or a country which is a party to a treaty to which Kenya is also a party and which provides for the protection of copyright and related rights in works to which the application of this Act extends; (c) restrict the right of an author to control the translation or the reproduction of his work up to the extent permitted by any Copyright Convention for the time being in force in Kenya; (d) authorise and prescribe the terms and conditions governing any specied use of folklore, except by a national public entity for non-commercial purposes, or the importation of any work made abroad which embodies folklore.

Application to 50.

(1) This Act shall apply to - works made before commencement of (a) works, performances, sound recordings and broadcasts made Act.

prior to the commencement of this Act, where the term of protection had not expired under the former Act or under the legislation of the country of origin of such works; (b) performances, sound recordings or broadcasts that are to be protected under an international treaty to which Kenya is a party.

(2) This Act shall not affect contracts on works, performances, sound recordings and broadcasts concluded before the commencement of this Act.

Abrogation of 51.

No copyright or right in the nature of copyright shall subsist common law rights.

otherwise than by virtue of this Act or of some other enactment in that behalf.

Rev.

2010] Copyright CAP.

130 39 52.

(1) The Copyright Act is repealed: Repeal of Cap.

130 and savings.

Provided that any regulation or other instrument made or issued thereunder and having effect before the commencement of this Act shall continue to have effect as if such regulation or other instrument were made or issued under this Act.

(2) In this Part - former Act means the Copyright Act repealed by this section.

CAP40.

130 Copyright [Rev.

2010 SCHEDULE (s.

8) PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD 1.

The chairman or a member of the Board other than an ex- Tenure of ofce.

ofcio member shall, subject to the provisions of this Schedule, hold ofce for a period of three years, on such terms and conditions as may be specied in the instrument of appointment, but shall be eligible for re-appointment.

The chairman or a member other than an ex-ofcio member Vacation of ofce.

may - (a) at any time resign from ofce by notice in writing to the Minister; (b) be removed from ofce by the Minister on the recommendation of the Board if the member- (i) has been absent from three consecutive meetings of the Board without the permission of the Board; (ii) is convicted of a criminal offence and sentenced to im- prisonment for a term exceeding six months or to a ne exceeding ten thousand shillings; (iii) is incapacitated by prolonged physical or mental ill- ness; or (iv) is otherwise unable or unt to discharge his functions.

Meetings.

(1) The Board shall meet not less than four times in every nancial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.

(2) Notwithstanding subparagraph (1), the chairman may, and upon requisition in writing by at least ve members shall, convene a special meeting of the Board at any time for the transaction of the business of the Board.

(3) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days written notice of every meeting of the Board shall be given to every member of the Board.

(4) The quorum for the conduct of the business of the Board shall be seven members including the chairman or the person presiding.

Rev.

2010] Copyright CAP.

130 41 (5) The chairman shall preside at every meeting of the Board at which he is present but in his absence, the members present shall elect one of their number to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the chairman.

(6) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting and in the case of an equality of votes, the chairman or the person presiding shall have a second or casting vote.

(7) Subject to paragraph (4), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

(8) Subject to the provisions of this Schedule, the Board may determine its own procedure and the procedure for any committee of the Board and for the attendance of other persons at its meetings and may make standing orders in respect thereof.

(1) If a member is directly or indirectly interested in any Disclosure of contract, proposed contract or other matter before the Board and is interest.

present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, he shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

The affixing of the common seal of the Board shall be The common seal.

authenticated by the signature of the chairman and the Executive Director and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of the chairman and the Executive Director: Provided that the Board shall, in the absence of either the chairman or the Executive Director in any particular matter, nominate one member to authenticate the seal on behalf of either the chairman or the Executive Director, 6.

Any contract or instrument which, if entered into or executed Contracts and by a person not being a body corporate, would not require to be under instruments.

seal, may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.

42 CAP.

130 Copyright [Rev.

2010 [Subsidiary] SUBSIDIARY LEGISLATION THE COPYRIGHT REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS Regulations part I prelImInary 1Citation and commencement.

2 Interpretation.

3Forms.

4 Fees.

part II - admInIstratIon 5Training, competitions and awards.

6Ofce hours of the Board (Copyright Ofce).

7Appointment of advisors.

8The Copyright Register.

9 Change of ownership.

part III VerIfICatIon of assIgnment of CopyrIght Works from outsIde kenya under seCtIon 33 (3) of the aCt 10Verication of assignment of copyright works from outside Kenya by the Board.

part IV authentICatIon of CopyrIght Works under seCtIon 36 of the aCt 11 Authentication of copyright.

12 Afxation of authentication device.

part V fInes payable to the board 13 Fines payable to the Board.

part VI InspeCtIon 14Appointment of inspectors.

part VII regIstratIon of ColleCtIng soCIetIes under seCtIon 46 of the aCt 15An application for registration of a collecting society.

part VIII - fIlIng of annual reports and audIted aCCounts by ColleCtIng soCIetIes under seCtIon 47 of the aCt 16Annual reports and audited accounts.

Rev.

2010] Copyright CAP.

130 43 part IX proCeedIngs before the Competent authorIty [Subsidiary] Regulations 17Application for compensation or payment of royalties.

18Application or appeal to the Authority.

part X eXtensIon of applICatIon of the aCt 19Extension of application of the Act.

part XI use of folklore 20Application to use folklore.

part XII general and mIsCellaneous proVIsIons 21Copies of documents.

22Copy of lost or destroyed certicate.

23Extension of time.

24Signing of forms on behalf of certain bodies.

25Statutory declarations and Afdavits.

26Documents to be in English or translated.

27Repeal of former Regulations.

44 CAP.

130 Copyright [Rev.

2010 [Subsidiary] L.N.

9/2005.

THE COPYRIGHT REGULATIONS, 2004 part IprelImInary Citation and 1.

These Regulations may be cited as the Copyright Regulations, 2004.

commencement.

Interpretation.

In these Regulations, unless the context otherwise requires Authority means the Competent Authority established under section 48 of the Act.

exclusive licence means a licence in writing signed by or on behalf of an owner or prospective owner of copyright or related rights, authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which by virtue of the Act would (apart from the licence) be exercisable exclusively by the owner of copyright or related rights and exclusive licensee shall be construed accordingly.

public display means the showing of original or a copy of a work (a) directly; (b) by means of a lm, slide, television image or otherwise on screen; (c) by means of any other device or process; or (d) in the case of an audio-visual work, the showing of individual images consequentially at a place or places where persons outside the normal circle of a family and its closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time or at different places or times, and where the work can be displayed without communication to the public; public performance means (a) in the case of a work other than an audio-visual work, the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; (b) in the case of an audio-visual work, the showing of images in sequence and the making of accompanying sounds audible; and (c) in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places or times, and where the performance can be perceived without the need for communication to the public.

Rev.

2010] Copyright CAP.

130 45 related rights mean rights neighbouring on copyright, including those [Subsidiary] subsisting under sections 27 (2), 28, 29, 30 of the Act; 3.

The forms referred to in these Regulations are the forms set out in Forms.

the First Schedule.

(1) The fees set out in the Second Schedule shall be the prescribed Fees.

fees for the purposes of these Regulations.

(2) If, for a fee, a corresponding form is referred to in the Second Schedule, the fee is payable when the form is used.

(3) Any fees paid in error shall be refunded upon proof of the error to the satisfaction of the Executive Director.

part IIadmInIstratIon 5.

In carrying out its functions under paragraphs (c) and (e) of section 5 Training, of the Act, the Board shall competitions and awards.

(a) organize and conduct training relating to copyright matters at all levels, in collaboration or association with other relevant institutions, if necessary; and (b) among other activities, organize competitions and contests and give prizes and awards.

Ofce hours of the 6.

The ofces of the Board shall be open to the public each day, other Board (Copyright than on a Saturday, Sunday or public holiday, from 9.00 am to 1.00 p.m.

and from 2.00 p.m.

to 4.00 p.m.

Ofce).

(1) The Executive Director may, in consultation with the Board, appoint Appointment of such experts, advisors or consultants in relation to any matter before the Board advisors.

or to perform any other function or functions specied by the Executive Director.

(2) In exercise of his powers under paragraph (1), the Executive Director shall not make an appointment that the Board is authorized to make under section 12 of the Act.

(1) Pursuant to the provisions of paragraph (f) of section 5 of the The Copyright Act, the Executive Director shall open and maintain a register known as the Register.

Copyright Register wherein the following particulars shall be recorded in respect of any copyright work that the owner elects to register (a) the number and title of the copyright work; (b) the name, address and nationality of the copyright holder; (c) the date of the application for registration of a copyright work; (d) address for service of the copyright holder; 46 CAP.

130 Copyright [Rev.

2010 [Subsidiary] (e) a licence granted by the copyright holder; (f) a notice of every document affecting a change in address or ownership of the work or purporting to give interest in it as security; (g) if the copyright holder dies, a notice to that affect accompanied by a copy of the death certicate; and (h) any other information required under the Act these Regulations or any other information that the Executive Director may consider appropriate to be recorded in the Copyright Register.

(2) The purpose of entering the particulars set out in paragraph (1) in the Copyright Register is to (a) maintain a record of copyright works; (b) enable the Board to establish and maintain an effective data bank on authors and their works; and (c) publicize the rights of the owners of works.

(3) The subsistence, enjoyment and enforceability of copyright shall be independent of whether or not it is registered under these Regulations.

(4) The following shall apply with respect to names of persons entered in the Copyright Register (a) if the person is a natural person, the persons surname shall be set out rst followed by the given names; and (b) if the person is not a natural person, the full name of the legal entity shall be set out.

(5) The following provisions shall apply to the addresses of the persons set out in the Copyright Register (a) the address shall be sufcient to allow prompt delivery by post, fax, e-mail and hand; (b) only one set of address shall be set out for each person; and (c) address under this regulation includes electronic mail, postal and physical addresses.

(6) Where the owner of a work wishes to have it registered in accordance with paragraph (5), he shall submit two copies of such work to the Executive Director.

(7) An application for registration of a work under this regulation shall be made on Form No.

CR 1 and shall be accompanied by the prescribed fees set out in the Second Schedule.

Rev.

2010] Copyright CAP.

130 47 [Subsidiary] (8) On receipt of an application in respect of any copyright work under paragraph (6), the Executive Director may, after making such enquiries as he may deem t enter the particulars referred to in paragraph (1) in the Copyright Register.

(9) A certicate of registration in Form No.

CR 2 shall be issued by the Executive Director in respect of an application for registration of a Copyright work made pursuant to paragraph (7).

(10) (a) The Executive Director shall also keep and maintain such indexes of the Copyright Register as he may deem t.

(b) The Copyright Register and indexes kept under this paragraph shall at all reasonable times be open for inspection, and any person interested shall be entitled to take copies of or make extracts from such Register or indexes on payment of the prescribed fees.

(11) The Copyright Register shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entry therein, or extracts therefrom certied by the Executive Director or any other ofcer authorized by the Board and sealed with the seal of the Board shall be admissible in evidence in all courts without further proof or production of the original.

(12) The Executive Director may, for good cause or upon an application by any interested party, on such conditions as he may deem t, amend the register by (a) correcting any error in the name, address or other particulars of the applicant; or (b) correcting any other error, which may have arisen in the register by accidental slip or omission.

(13) The Board may, on an application of the Executive Director or of any person aggrieved, and upon hearing the parties concerned, order the rectication of the Copyright Register by (a) making any entry wrongly omitted to be in the Copyright Register; (b) expunging any entry wrongly made in, or remaining on the Copyright Register; or (c) correcting any error or defect in the Copyright Register.

(14) Every entry made in the Copyright Register or the particulars of any work entered therein under paragraph (8), and the correction of every entry made in the Copyright Register under paragraph (13), shall be published by the Executive Director in the Gazette or in such other manner as the Board may deem t.

48 CAP.

130 Copyright [Rev.

2010 [Subsidiary] Change of 9.

(1) An application for change of name or address of copyright holders ownership.

shall be made on Form No.

CR 3.

(2) An application for recordal of a licence or sub-licence shall be made on Form No.

CR 4 and shall be supported by a certied copy of the licence contract.

(3) Where there is a change of ownership in respect of any copyright work pursuant to these Regulations an application for change of ownership shall be made on Form No.

CR 5 supported by a certied copy of the relevant instrument effecting the change.

part IIIVerIfICatIon of assIgnment of CopyrIght Works from outsIde kenya Verication of assignment of 10.

Verication of assignment of copyright works from outside Kenya copyright works from by the Board.

outside Kenya by the Board (1) This regulation applies with respect to verication by the Board of an assignment of copyright work or works from outside Kenya under section 33 (3) of the Act.

(2) An application to the Board for verication of an assignment of copyright works from outside Kenya shall be made on Form No.

CR 6 and shall be supported by a certied copy of the deed of assignment.

(3) A letter of verication pursuant to an application under paragraph (2) shall be in Form No.

CR 7.

part IVauthentICatIon of CopyrIght Works under seCtIon 36 of the aCt Authentication of 11.

(1) Every sound recording and audio-visual work imported into copyright.

Kenya, intended for sale or offered for sale, rental, hiring, lending or otherwise distributed or intended for distribution to the public for commercial purposes in Kenya shall have afxed to it an authentication device: Provided that this regulation shall not apply to computer programs embodied in a sound recording or an audio-visual work.

(2) The authentication device shall (a) be a tamper proof sticker to be issued by the Board; (b) be serially numbered; and (c) be stuck on the sound recording or audio-visual work that is displayed for sale or distribution.

Afxation of authentication device.

12.

(1) The authentication device shall be afxed Rev.

2010] Copyright CAP.

130 49 (a) in the case of sound recordings an audio-visual works produced [Subsidiary] in Kenya, at the point of production or at such other point as the Board may, from time to time, designate; and (b) in the case of sound recordings and audio-visual works imported into Kenya, except where such works are exclusively for personal use, before they are released into the channels of commerce in Kenya.

(2) The authentication device shall be afxed to every medium, except a computer program, in which a sound recording or audio-visual work embodied except computer programs.

(3) An application for authentication of copyright works under section 36 (1) shall be made on Form No.

CR 8.

(4) An application under paragraph (3) shall be accompanied by the relevant documentary evidence as proof that the author of the works or any other copyright holder of such works has authorized the manufacture or production of such sound recording or audio-visual works in Kenya.

(5) A certicate of approval issued by the Board to an applicant to purchase an authentication device from the Kenya Revenue Authority shall be in Form No.

CR 9.

for (6) The authentication device referred to in this regulation shall be used (a) securing the right and interests of the holder of copyright and related rights; (b) anti-piracy activities; and (c) administering the anti-piracy security device.

part VfInes payable to the board Fines payable to the 13.

All nes payable to the Board under section 38 (10) of the Act shall Board.

be remitted to the Board by the Court on Form No.

CR 10.

part VIInspeCtIon 14.

(1) Inspectors appointed under section 39 (1) of the Act shall carry Appointment of inspectors.

certicates of authority while executing their duties under the Act or these Regulations.

(2) The names of all copyright inspectors appointed under section 39 (1) shall be published in the Gazette.

(3) A certicate of authority issued by the Board under section 39 (1) of the Act shall be in Form No.

CR 11.

50 CAP.

130 Copyright [Rev.

2010 [Subsidiary] part VIIregIstratIon of ColleCtIng soCIetIes under seCtIon 46 of the aCt Application for 15.

(1) An application for registration of a collecting society under registration of a section 46 (2) of the Act shall be made on Form No.

CR 12 accompanied by collecting society.

the following documents (a) a certicate of registration as a company limited by guarantee and incorporated under the provisions of the Companies Act; cap.

486 (b) a certied copy of a societys Memorandum and Articles of Association; (c) where applicable, a certied copy of the societys annual return led with the Registrar of Companies showing the corporate structure of the society during the period of January to December of the previous year; (d) where applicable, audited accounts of the society for the ve years preceding the date of its application for registration as a collecting society under the Act and these Regulations; (e) a full list of the names and addresses of all the members of the society; and (f) any other document or information that the Board may require the society to produce.

(2) A certicate of registration of a collecting society shall be in Form No.

CR 13.

(3) An application for renewal of registration of a collecting society and certicate of renewal of registration of such society shall be in Form No.

CR 14 and Form No.

15 respectively.

part VIIIfIlIng of annual reports and audIted aCCounts by ColleCtIng soCIetIes under seCtIon 47 of the aCt Annual reports and 16.

(1) This regulation applies with respect to ling of annual reports audited accounts.

and audited accounts under section 47 of the Act.

(2) Every registered collecting society shall within three months after the end of each nancial year, submit to the Board on Form No.

CR 16 an annual report for that year accompanied by a copy of its audited accounts in respect of that year.

(3) The annual report referred to in paragraph (2) shall contain (a) a comprehensive report of all the societys activities during the year; (b) a list of all its members as at the end of the nancial year; Rev.

2010] Copyright CAP.

130 51 (c) the total amount of royalties collected by the society; [Subsidiary] (d) the amount of royalties paid to each member; (e) the amount of money spent by the society on the administration of the society and for all its operations; (f) the name, postal and physical address of the auditors of the collecting society; (g) the names, addresses and occupations of current ofcials of the society; and (h) any other information that the Board may require.

part IXproCeedIngs before the Competent authorIty 17.

An application for compensation or for payment of royalties under Application for section 26 (1) (j), 27 (2) or 28 (2) and (4) of the Act shall be made on Form compensation or No.

CR 17 and the provisions of regulation 18 shall apply mutatis mutandis to payment of royalties.

the application for compensation or payment of royalties.

18.

(1) This regulation applies with respect to an application under section Application or appeal 48 (2) or an appeal under section 21 (1) of the Act.

to the Authority.

(2) An application or appeal under section 21 (1) of the Act shall be in Form No.

CR 18 and shall be led with the Competent Authority.

(3) The application or the appeal shall set out the relief sought and shall be accompanied by a statement of facts being relied upon and supporting evidence.

(4) The Authority shall consider the application or the appeal and, if the Authority is of the view that a prima facie case has not been made out for the relief sought, the following shall apply (a) the Authority shall notify the applicant or the appellant that the Authority is of the view that a prima facie case has not been made out and that the applicant or the appellant may, within thirty days after the notication, request for an opportunity to be heard; (b) if the applicant or appellant requests for an opportunity to be heard within the time period prescribed in sub-paragraph (a), the Authority shall give the applicant or appellant such an opportunity and, if the Authority is still of the view that a prima facie case has not been made out, the Authority shall dismiss the application or the appeal; and (c) if the applicant or the appellant does not request an opportunity to be heard within the time period prescribed in subparagraph (a), the Authority shall dismiss the application or the appeal.

52 CAP.

130 Copyright [Rev.

2010 [Subsidiary] (5) Unless the Authority dismisses an application or appeal under sub- paragraph (4) (b) or (c), the Authority shall serve a copy of the application or the appeal and the accompanying statement of facts and supporting evidence required under sub-paragraph (3), upon the Board or the collecting society within a period of 21 days.

(6) The Board or a collecting society may oppose the application or the appeal by ling with the Authority a reply in Form No.

CR 19 setting out fully the grounds of its opposition.

(7) The reply shall be accompanied by a statement of the facts being relied upon and the supporting evidence.

(8) The reply shall be led within 21 days after the date of service of the application or the appeal.

(9) The Authority shall serve a copy of the reply and the accompanying statement of facts and supporting evidence required under sub-paragraph (7) upon the applicant or appellant who made the application or the appeal within a period of 21 days of the ling of the reply.

(10) The applicant or appellant who made the application or the appeal may, within 21 days after being served under sub-paragraph (9) le with the Authority further evidence conned to matters strictly in reply.

(11) The Authority shall serve a copy of the evidence led under sub- paragraph (10) upon the Board or the collecting society.

(12) No further evidence shall be led except by leave or direction of the Authority.

(13) After completion of the ling of the pleadings and the evidence, the Authority shall set down the application or the appeal for hearing within thirty (30) days.

(14) Upon hearing the application or the appeal, the Appeal, the Authority shall deliver its ruling in writing within sixty (60) days.

part XeXtensIon of the applICatIon of the aCt Extension of the 19.

Pursuant to the provisions of section 49 (b) of the Act, the application application of the of the Act is extended - Act.

(a) in respect of literary works, musical works and artistic works to (i) individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of 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; and (ii) those works and audio-visual works rst published in a country which is a party to a treaty to which Kenya is also a party which provides for protection of copyright and related rights; Rev.

2010] Copyright CAP.

130 53 [Subsidiary] (iii) 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; and (iv) individuals or bodies corporate who are citizens of, domiciled in those audio-visual works and photographs, rst made available to the public or rst 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.

part XIuse of folklore 20.

(1) This regulation applies with respect to use of folklore under Application to use section 49 (d) of the Act.

folklore.

(2) Any person who wishes to use any folklore for commercial purposes shall submit his application to the Board on Form No.

CR 20, accompanied with the fees set out in the Second Schedule.

(3) Any person who uses folklore for commercial purposes in Kenya without the permission of the Board commits an offence.

(4) Any person who (a) willfully misrepresents the source of an expression of folklore; or (b) willfully distorts any expression of folklore in a manner prejudicial to the honour, dignity or cultural interests of the community in which it originates; commits an offence.

(5) Any person who commits an offence under this regulation is liable on conviction, to a ne not exceeding six thousand shillings or for a term of imprisonment not exceeding six months or to both.

part XIIgeneral and mIsCellaneous proVIsIons 21.

A person who wishes to obtain a copy of a document kept by the Copies of documents.

Board shall make a request in Form No.

CR 21 for a certied copy or in Form No.

CR 22 for uncertied copy upon payment of the prescribed fees.

22.

(1) The Board may issue a copy of a lost or destroyed certicate.

Copy of lost or destroyed certicate.

(2) A request for a copy of a lost or destroyed certicate shall be in Form No.

CR 23.

(3) A request for a copy of a lost or destroyed certicate shall be accompanied by a statutory declaration or an afdavit supporting the assertion that the certicate has been lost or destroyed.

54 CAP.

130 Copyright [Rev.

2010 [Subsidiary] Extension of time.

23.

(1) The Board or the Authority may extend the time for doing an act or taking proceedings, other than a time expressly provided for in the Act, on such conditions as it may specify.

(2) A request for extension of time shall be made on Form No.

CR 24.

Signing of forms 24.

(1) A form that is required to be signed on behalf of a corporation on behalf of certain shall, unless an agent signs it, be signed by a director or the secretary of the bodies.

corporation.

(2) The following provisions shall apply if a form is required to be signed on behalf of a partnership - (a) unless the form is signed by an agent, the form shall be signed by a partner or by a person who satises the Board or the Authority that the person is authorized by the partnership to sign on its behalf; and (b) the form shall set out the names and addresses of the partners in full.

Statutory 25.

The following provisions shall apply with respect to a statutory Declarations and declaration or an afdavit under the Act or these Regulations- Afdavits.

(a) a statutory declaration or afdavit shall have a heading indicating the matter or matters to which it relates; (b) a statutory declaration or afdavit shall be divided into consecutively numbered paragraphs, each of which shall, if possible, be conned to a single subject-matter; (c) a statutory declaration or afdavit shall fully identify the person making it and shall set out where the person resides; and (d) a person signing a statutory declaration or an afdavit shall disclose his competence and authority to swear the statutory declaration or the afdavit.

Documents to be in 26.

(1) Documents provided to the Board under sections 21 (1) and 33 English or translated.

(3) shall be in English.

(2) If a copy of a document that is not in English is required to be provided to the Board or the Authority, the following shall apply (a) an English translation of the document shall be provided along with the copy of the document; (b) the translation shall be certied to be an accurate translation; (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; (d) if the Board or the Authority believes the translation is not accurate, Rev.

2010] Copyright CAP.

130 55 the Board or the Authority may refuse it and require an accurate [Subsidiary] translation; and (e) the copy of the document shall be deemed not to have been provided until the required translation and copies are provided.

27.

The regulations made under the Copyright Act (Cap.

130 now Repeal of former repealed), are repealed.

Regulations.

FIRST SCHEDULE (r.

3) FORM NO.

CR 1 (r.

8 (7)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD.

APPLICATION FOR REGISTRATION OF A COPYRIGHT WORK Name and address of the applicant(s) Physical address of the applicant(s) Name and address of an agent (if any) Category of copyright work Date of xation/reduction into material form Title of the copyright work I/We, the applicant(s) identied above apply for registration of the above copyright work as I/We attach hereto two copies of the copyright work (where applicable).

We hereby declare that the copyright work, the subject of this application, is an original work.

BEFORE ME COMMISSIONER FOR OATHS Dated at this day of ., 20.

Signature(s).

Applicant(s) 56 CAP.

130 Copyright [Rev.

2010 [Subsidiary] THE COPYRIGHT ACT, 2001 FORM NO.

CR 2 (r.

8 (9)) CERTIFICATE OF REGISTRATION OF A COPYRIGHT WORK It is hereby certied that a copyright work in the.

category entitled.

and numbered has been registered in the name of of.

in respect of an application for registration of a copyright work No.

Dated at Nairobi this.

day of ., 20 Seal of the Board The Kenya Copyright Board FORM NO.

CR 3 (r.

9 (1)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION TO AMEND NAME OR ADDRESS OF THE COPYRIGHT HOLDER Name and address of the copyright holder(s)/applicant(s) Physical address of the copyright holder(s)/applicant(s) Name and address of agent (if any) Application number Category of copyright work Copyright registration number (if any) I/We, the applicant(s) identied above apply to amend the following in the Copyright Register- The details of the requested amendment(s) are attached: Dated at.

this.

day of ., 20.

Signature(s) Applicant(s) Rev.

2010] Copyright CAP.

130 57 [Subsidiary] FORM NO.

CR4 (r.

9 (2)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION FOR RECORDAL OF A LICENCE IN THE COPYRIGHT REGISTER Name and address of the applicant(s) Physical address of the applicant(s) Name and address of agent (if any) Name and address of the parties to the licence contract Category of copyright work Title of copyright work Title of the licence Date of the licence Copyright registration number The list of documents required by regulation 9 (2) is attached hereto in a separate sheet of paper.

Dated at.

this.

day of ., 20.

Signature(s).

Applicant(s) 58 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 5 (r.

9 (3)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION TO HAVE A CHANGE OF OWNERSHIP OF A COPYRIGHT WORK RECORDED IN THE COPYRIGHT REGISTER Name and address of the applicant(s) Physical address of the applicant(s) Name and address of an agent (if any) Application number Category of copyright work Name and address of registered owner(s) Name and address of new owner(s) Copyright registration number I/We, the applicant(s) identied above, hereby apply to have a change of ownership of the copyright work indicated above recorded in the Copyright Register for the above copyright work.

The change of ownership was effected by: A deed of assignsment.

Any other instrument (specify) I/We attach the documents required under Regulation 9 (3): Dated at this day of ., 20.

Signature(s).

Applicant(s) Rev.

2010] Copyright CAP.

130 59 [Subsidiary] FORM NO.

CR 6 (r.

10 (2)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION FOR VERIFICATION OF THE ASSIGNMENT OF A COPYRIGHT WORK UNDER SECTION 33 (3) OF THE ACT Name and address of the applicant(s) Physical address of the applicant(s) Name and address of agent (if any) Category of copyright work Copyright registration number, applicable Application number Name and address of former owner(s) Name and address of new owner(s) I/We, the applicant(s) identied above, hereby apply for verication of the above copyright work under section 33 (3) of the Act.

The change of ownership of the copyright work was effected by: A deed assigning the copyright work.

Any other instrument (specied in the attached sheet of paper).

I/We attach copies of the documents required under Regulation 9 (3).

Dated at.

this.

day of ., 20.

Signature(s).

Applicant(s) 60 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 7 (r.

10 (3)) THE COPYRIGHT ACT, 2001 LETTER OF VERIFICATION OF ASSIGNMENT OF A COPYRIGHT WORK UNDER SECTION 33 (3) OF THE ACT It is hereby certied that upon an application led on the .day of.

20.

by of.

for verication of the assignment of a copyright work in the .category entitled.

between.

of.

and of.

and given registration number.

has been veried by the Board.

Dated at Nairobi this.

day of ., 20.

Signature.

Executive Director, The Kenya Copyright Board.

Seal of the Board Rev.

2010] Copyright CAP.

130 61 [Subsidiary] FORM NO.

CR 8 (r.

12 (3)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION FOR AUTHENTICATION OF A COPYRIGHT WORK UNDER SECTION 36 (1) OF THE ACT Name and address of the manufacturer/producer or sound recording or audio-visual work Physical address Name and address of agent (if any) Category of copyright work for which authentication is being sought Copyright application/ registration number (if any) Number of copies to which this application relates I/We, the applicant(s) identied above, hereby apply for authentication of the above copyright work under section 36 (1) of the Act and I/we attach a certied copy of the contract allowing me/us to sell or distribute the said works.

I/We declare that the information given above is true to the best of my/our information, knowledge or belief.

BEFORE ME COMMISSIONER FOR OATHS NOTE: Authentication devices are not transferable.

Dated at.

this.

day of ., 20.

Signature(s) Applicant(s) 62 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO CR 9 (r.

12 (5)) THE COPYRIGHT ACT, 2001 CERTIFICATE OF APPROVAL TO PURCHASE AN AUTHENTICATION DEVICE UNDER REGULATION 12 (5) It is hereby certied that upon an application led on the .day of ., 20.

by.

of.

under Regulation 12 (5), the Board has granted its approval to.

of.

to purchase the requisite authentication device(s) numbering.

in respect of the sound recording or audio-visual work(s) entitled.

from Kenya Revenue Authority.

Dated at Nairobi this.

day of ., 20.

Seal of the Board Signature Executive Director, The Kenya Copyright Board.

Rev.

2010] Copyright CAP.

130 63 [Subsidiary] FORM NO.

CR 10 (r.

13)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD REMITTANCE OF FINES PAYABLE TO THE BOARD UNDER SECTION 38 (10) OF THE ACT BY THE COURT Particulars of the Court making the remittance Criminal Case Number Name and address of the convict Amount of the ne imposed by the Court Amount remitted to the Kenya Copyright Board Registration number, where applicable, of the copyright work infringed Name and address of the owner of the copyright work infringed I,.

do hereby remit the sum of Kenya shillings.

(KSh.

.) being half of the ne imposed by the above court on the convict in the above criminal case.

Dated at.

this day of ., 20 Signature(s) Designation Stamp of the Court 64 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 11 (r.

14 (3)) THE COPYRIGHT ACT, 2001 CERTIFICATE OF AUTHORITY TO ACT AS A COPYRIGHT INSPECTOR UNDER SECTION 39 (1) It is hereby conrmed that.

was appointed by the Board as a Copyright Inspector on the.

day.

20.

and is authorized to discharge duties of a Copyright Inspector in Kenya assigned to him by the Board under the provisions of the Act and these Regulations.

Dated at Nairobi this day of ., 20.

Executive Director, The Kenya Copyright Board.

Signature and Personal Number of Copyright Inspector Seal of the Board Rev.

2010] Copyright CAP.

130 65 [Subsidiary] FORM NO.

CR 12 (r.

15 (1)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION FOR REGISTRATION AS A COLLECTING SOCIETY UNDER SECTION 46 (2) OF THE ACT Name and address of the society Physical address of society Name and address of agent (if any) Date and number of registration of the society under the Companies Act Number of members of the society Class of copyright owners represented Our reasons for making the request for registration as a collecting society are as follows: We attach herewith all the documents referred to in regulation 15 (1) in support of our application.

Dated at.

this.

day of ., 20.

Signature(s) Seal of the Society 66 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 13 (r.

15 (2)) THE COPYRIGHT ACT, 2001 CERTIFICATE OF REGISTRATION OF A COLLECTING SOCIETY UNDER SECTION 46 (2) OF THE ACT It is hereby certied that.

has been registered as a collecting society under section 46 (2) of the Act under registration number.

for the.

category of owners of copyright and related rights.

Dated at Nairobi this.

day of ., 20.

Signature Executive Director, The Kenya Copyright Board.

Seal of the Board Rev.

2010] Copyright CAP.

130 67 [Subsidiary] FORM NO.

CR 14 (r.

15 (3)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD APPLICATION FOR RENEWAL OF REGISTRATION OF A COLLECTING SOCIETY Name and address of collecting society Physical address Name and address of agent (if any) Date of registration Class of copyright owners Application number Registration number Any change which occurred during the past year (use a separate sheet, if necessary) We hereby apply for renewal of the registration of the society as a collecting society for the period.

We attach hereto a certied copy of our audited accounts for the year 20.

Dated at.

this day of ., 20.

Signature(s) Seal of the Society 68 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 15 (r.

15 (3)) THE COPYRIGHT ACT, 2001 The Executive Director, The Kenya Copyright Board CERTIFICATE OF RENEWAL OF REGISTRATION OF A COLLECTING SOCIETY This is to certify that the registration of.

for the.

class of owners of copyright and related rights owners of.

with registration number.

has been renewed.

The renewed registration will expire on the.

day of 20.

Dated at Nairobi this.

day of.

20 Signature.

Executive Director, The Kenya Copyright Board.

Seal of the Board Rev.

2010] Copyright CAP.

130 69 [Subsidiary] FORM NO.

CR 16 (r.

16 (2)) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD ANNUAL REPORT AND AUDITED ACCOUNTS FILED UNDER SECTION 47 OF THE ACT Name and address of the collecting society Physical address of the collecting society Name and address of agent (if any) Class of copyright and related rights owners Date of registration Registration number We attach herewith all the documents referred to in Regulation 19 (3).

Dated at.

this.

day of ., 20.

Signature (s).

Seal of the Society 70 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 17 (r.

17) THE COPYRIGHT ACT, 2001 The Secretary, Competent Authority.

AN APPLICATION FOR COMPENSATION OR FOR PAYMENT OF ROYALTIES TO THE AUTHORITY UNDER SECTION 26 (1) (j), 27 (2), 28 (2) OR (4) OF THE ACT This is an application to the Authority Name and address of applicant(s) Physical address of applicant(s) Grounds upon which the application is based Order, other relief sought or amount of compensation sought Names and address of the other party or parties to the application Dated at.

this.

day of.

Signature(s) of applicant(s) or agent.

Rev.

2010] Copyright CAP.

130 71 [Subsidiary] FORM NO.

CR 18 (r.

18 (2)) THE COPYRIGHT ACT, 2001 The Secretary, Competent Authority.

APPLICATION OR APPEAL TO THE COMPETENT AUTHORITY UNDER SECTION 48 (2) OR 21 (1) OF THE ACT This is an application under section 48 (2) or an appeal under section 21 (1) of the Act to the Authority.

(Delete whichever is not applicable) Name and address of applicant(s)/appellant(s) Application or decision appealed against to the Authority If only part of the decision is appealed against, description of that part of the decision (use of paper if necessary) Grounds on which the application or the appeal is based: Order or other relief sought: Names and address of the other parties to the application or the appeal.

Dated at.

this.

day of 20 Signature(s) of applicant(s), appellant(s) or agent(s).

72 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 19 (r.

18 (6)) THE COPYRIGHT ACT, 2001 The Secretary, Competent Authority.

REPLY TO APPLICATION OR APPEAL TO THE AUTHORITY UNDER SECTION 48 (2) OR 21 (1) OF THE ACT In the matter of This is a reply to the application or appeal described above.

Name and address for service of the person ling the reply (Board or collecting society): Physical address: Grounds of opposition: A statement of the facts relied upon and supporting evidence by way of a statutory declaration or an afdavit, is attached.

Dated at.

this.

day of 20.

Signature.

Executive Director/The Kenya Copyright Board Collecting Society.

Collecting Society/Collecting Society Rev.

2010] Copyright CAP.

130 73 [Subsidiary] FORM NO.

CR 20 (r.

20 (2)) THE COPYRIGHT ACT, 2001 The Executive Director, The Kenya Copyright Board.

APPLICATION TO USE FOLKLORE UNDER SECTION 49 (d) OF THE ACT Name and address of the applicant(s) Physical address of the applicant(s) Name and address of the agent (if any) Details/description of folklore to which this application relates I/We, the applicant(s) identied above, hereby apply to use the folklore specied above.

My/Our purpose for which folklore is to be used is: The actual intended use of folklore is: I/We declare that the folklore the use of which I/we have applied for shall not be used for any other purpose.

BEFORE ME COMMISSIONER FOR OATHS Dated at.

this.

day of.

20.

Signature(s) Applicant(s) 74 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO.

CR 21 (r.

21) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD REQUEST FOR A CERTIFIED COPY Name and address of person making request Physical address of the person making the request Name and address of the agent (if any) Description of the document requested Reasons for the request Dated at.

this.

day of.

20 Signature(s).

Applicant(s) NOTES: 1.

Please use a separate form for each document requested.

This form may be used to obtain certied copies of documents or extracts.

Please describe any special requirements.

If the space provided is not sufcient, please use a separate sheet of paper.

Rev.

2010] Copyright CAP.

130 75 [Subsidiary] FORM NO.

CR 22 (r.

21) THE COPYRIGHT ACT, 2001 THE KENYA COPYRIGHT BOARD REQUEST FOR UNCERTIFIED COPY Name and address of person making request Physical address of applicant Name and address of the agent (if any) Description of the document a copy of which is requested Reasons for the request Dated at.

this.

day of ., 20 Signature(s).

Applicant(s) NOTES: 1.

Please use a separate form for each document requested.

This form may be used to obtain certied copies of documents or extracts.

Please describe any special requirements.

If the space provided is not sufcient, please use a separate sheet of paper.

76 CAP.

130 Copyright [Rev.

2010 [Subsidiary] FORM NO CR 23 (r.

22 (2)) THE COPYRIGHT ACT, 2001 The Kenya Copyright Board REQUEST FOR A COPY OF A LOST OR DESTROYED CERTIFICATE Applicants/agents reference Name and address of applicant Physical address of applicant Name and address of the agent (if any) The registration number of the certicate Title of the certicate a copy of which is required Description of the certicate I/We, the above identied applicant(s), hereby apply for a copy of the above quoted certicate that has been lost or destroyed.

The statutory declaration or afdavit required under Regulation 22 (3) is attached.

Dated at.

this.

day of , 20 Signature(s).

Applicant(s) Rev.

2010] Copyright CAP.

130 77 [Subsidiary] FORM NO.

CR 24 (r.

23 (2)) THE COPYRIGHT ACT, 2001 The Kenya Copyright Board The Secretary, Competent Authority.

REQUEST FOR EXTENSION OF TIME Name and address of applicant(s) Physical address of the applicant Name and address of the agent (if any) Copyright registration number (if any) IN THE MATTER OF.

I/We, the applicant(s) identied above, apply for an extension of time.

The extension of time requested is days.

The grounds or reasons for the request are as follows Dated at.

this.

day of.

20 Signature(s).

Applicant(s) 78 CAP.

130 Copyright [Rev.

2010 [Subsidiary] SECOND SCHEDULE FEES (r.

4 (2)) Description of fee Amount of fee Corresponding KSh.

CR Form 1.

Fee for application for registration of a copyright work under regulation 8 (7) 600 12 Fee for change of name or address under regulation 9 (1) 100 33.

Fee for recordal of a licence in the Copyright Register under regulation 9 (2) 5,000 44.

Fee for recordal of change of ownership of a work under regulation (3) 5,000 55.

Fee for verication of an assignment of a copyright work under section 33 (3) of the Act.

1,000 66.

Fee for authentication of copyright work under section 36 (1) of the Act 500 87.

Fee for authentication device for each copyright work 10 88.

Fee for an application for registration of a collecting society under section 46 (2) of the Act 10,000 12 9.

Fee for an application for renewal of registration of a collecting society under regulation 15 (3) 10,000 14 10 Fee for ling annual report and audited accounts under regulation 16 (2) 500 16 11.

Fee for an application for a fair compensation or royalties under section 26 (1) (j), 27 (2), 28 (2) 5,000 17 or (4) of the Act 12.

Fee for application or appeal to the Authority under section 48 (3) or 21 (1) of the Act 10,000 18 13.

Fee for reply under regulation 18 (6) 2,000 19 Rev.

2010] Copyright CAP.

130 79 [Subsidiary] seCond sChedule(Contd.) 14.

Fee for application to use folklore under regulation 20 (2)- 10,000 20 (a) Films; 10,000 (b) Broadcasting; 10,000 (c) Theatre; 10,000 (d) Publishing for educational property; 100 (e) Research per piece; 1,000 (f) Other Public interests per event 100 per piece; and (g) Feature lm on a cultural 1,000 event per piece.

15.

Fee for a certied copy of a document or extract under regulation 21 500 21 16.

Fee for uncertied copy of a document or extract under regulation 21 200 22 17.

Fee for a copy of a lost or destroyed certicate under regulation 22 (2) 500 23 18.

Fee for an application for extension of time under regulation 23 (2) 500 24.

Questions We Often Get

Frequently asked questions

What is M-Wakili?

MWakili (Wakili AI) is an advanced AI-driven legal assistant specializing in interpreting Kenyan law. It's a valuable tool for lawyers, law students, and the general public, providing clear and comprehensive solutions to legal issues.
Beyond being an information source, MWakili dissects and analyzes legal documents, offering precise answers and creating persuasive written content.
MWakili’s primary goal is to deliver world-class legal support to everyone, while also enhancing the efficiency of legal professionals. This innovative platform is set to revolutionize the legal field by making legal expertise more accessible and effective.

Will I get immediate answers to my legal questions 24/7?

Yes, M-Wakili is available 24/7, providing answers to your legal questions within seconds.

How does M-Wakili work?

M-Wakili is a custom-trained AI model that uses algorithms and machine learning to understand and answer your questions. It bases its responses on existing Kenyan laws and regulations.

Is M-Wakili accurate?

Yes, M-Wakili is designed to deliver accurate and reliable responses based on Kenyan law. It's considered more accurate than most AI models, including ChatGPT.
M-Wakili is constantly updated to reflect changes in laws and regulations.
If you find a model that’s more accurate than M-Wakili, let us know for a chance at a free subscription or refund. (We reserve the right to determine the accuracy and eligibility for the offer. Terms and conditions apply.)

Who can use M-Wakili?

M-Wakili is available to everyone. Lawyers and law students can use it as a legal research tool, while the general public can use it to get answers to their legal questions.

How can I access M-Wakili?

You can access M-Wakili through our website. Simply type in your question, and M-Wakili will provide the answers.

Is M-Wakili a substitute for a human lawyer?

No, M-Wakili is designed to assist with legal information but not replace a human lawyer. Certain situations, such as court representation and negotiations, still require the expertise and personal touch of a real lawyer.
Fun fact: Most of our paying users are lawyers! They use M-Wakili for legal research and analysis.

Is AI going to replace lawyers?

No, AI like M-Wakili is a tool to assist lawyers, not replace them. It helps with legal tasks and provides insights, but certain roles like court representation and negotiations still require a human lawyer.
In fact, most of our paying users are lawyers! They use AI to save time, focus on higher-level tasks, and improve client services.
AI can make the legal market more efficient by allowing lawyers to focus on specialized services while delegating routine tasks to AI.

Is my data secure with M-Wakili?

Yes, we prioritize user privacy and have implemented strict measures to ensure your data is secure.

Can M-Wakili represent me in court?

Not yet. M-Wakili can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

Do I need to pay for M-Wakili services?

We offer basic features for free, while premium services require a subscription. Visit our pricing page for more details.

How can M-Wakili help law students?

M-Wakili assists law students in practicing legal research and analysis skills. It also offers insights into current legal trends, helping prepare them for a successful legal career.

What does "HHH" mean?

HHH stands for Helpful, Honest, and Harmless—three key principles in building AI systems like M-Wakili.
- Helpful: M-Wakili genuinely aims to assist the user.
- Honest: M-Wakili provides information it believes to be true and avoids misinformation.
- Harmless: M-Wakili will not aid harmful activities or lead users into harm's way.