KECOBO: UK company does not own Kenya national anthem

The Kenyan Copyright Board (KECOBO) has denied claims that a British company owns the copyright to the Kenyan national anthem.

The announcement follows an online outcry by a Kenyan YouTube content creator after a video ranking the best African national anthems was flagged for copyright infringement last week.

In a press statement released on Tuesday, KECOBO opposed the ownership claim by production company De Wolfe Music citing that the anthem was a national symbol and enjoyed constitutional protection. De Wolfe Music has also claimed that it owns the instrumental composition of the national anthem.

“The national anthem is over 50 years and has thus fallen into public domain," the statement reads. "However, given the place of [a] national anthem in any country and the provisions of the National Flags, Emblems and Names Act (Cap 99 laws of Kenya) there is additional protection of the anthem against misuse and improper use.”

The National Flags, Emblems, and Names Act states that "no person shall, except with the written permission of the Minister –  (a) use any specified emblem, specified name or specified likeness, or any colourable imitation thereof, in furtherance of, or display the same as an advertisement for, any trade, business, calling or profession; or (b) use any specified emblem, specified name or specified likeness, or any colourable imitation thereof, in the title of any patent, or in any trademark or design; or (c) manufacture or import any article or goods bearing any specified emblem, specified name or specified likeness, or any article or goods on which any title, trademark or design is used in contravention of paragraph (b) of this subsection."

The statement continues: "KECOBO is at the moment studying the terms and conditions in YouTube platform with a view to requesting for a takedown of all content offending the national anthem by the said company and others as well. In addition, there are consultations between KECOBO and relevant state departments on legal and administrative measures to prevent unauthorised copyright claim on the national anthem now and in the future.”

Copyright lawyer Richard Sereti says even though the copyright on the national anthem fell into the public domain in 2013, having existed for 50 years since 1963, the state still remains the copyright holder because it had commissioned it in the first place.

“At the same time, special performances or arrangements of the national anthem may be copyrighted, but there cannot be a general copyright of a national anthem,” he told Music In Africa. “It is now clear that the Kenyan government needs to explicitly state that it permanently owns copyright over the national anthem so that there is no room for legal assumptions in the future.”

Sereti said it was high time to clearly elaborate in the Constitution under which circumstances the lyrics or melody of the national anthem may be used in and outside Kenya.

As things stand now, the YouTuber has disputed the copyright claim by De Wolfe Music and has to wait for 30 days for the video streaming platform to either release the claim or strike down the video. 

Below is the video of the complaint: