Kenya: President signs Copyright Amendment Bill

The law will offer changes to copyright law implementation in the creative sector. It was presented in Parliament in 2017 by the Kenya Copyright Board (KECOBO) and reached the President’s desk for signature following unanimous passing votes in the National Assembly.

The new copyright law introduces various updates and gives KECOBO more power to oversee and enforce copyright and related rights in the East African country. According to Section 46D of the new law, the regulator can randomly inspect collective management organisations’ (CMOs’) books and recommend various remedial action should a CMO be found wanting. It also places a penalty not exceeding 200 000 Kenyan shillings ($1 900) or a jail term of not more than three months if a CMO is unable to produce books of its transactions.

Section 46F seeks to give the board powers to regulate the CMO registration process, annual and special meetings as well as approval of distribution rules. These inner workings of CMOs have for a long time been seen as a hindrance on efficient royalty management. Section 46B limits the tenure of CMO chairpersons while Section 46E gives the board extensive powers to remedy a CMO that is lacking all that is needed or expected.

Section 35B touches on copyright law in the digital streaming era by addressing takedown notices concerning infringements relating to internet service providers, conflict-of-interest issues for members of the copyright tribunal and academic qualifications for directors of CMOs.

Meanwhile, the Ministry of Information, Communications and Technology will now monitor KECOBO after the industry regulator was transferred from the office of the Attorney General and the Department of Justice. The move was inspired by Kenyatta who questioned the integrity of the country's CMOs. KECOBO boss Edward Sigei had previously hinted that the body was looking to partner with ministries and government agencies to ensure compliance by users of copyrighted works.

With the singing of the bill, analysts and intellectual property experts believe that proper governance and transparency will be imperative for the new legislation to function as intended.

Read the full Copyright Amendment Bill below.