WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIKEN/C/I 
23 July 2001 
(01-3663) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
KENYA 
The present document reproduces the text! of the Copyright Act Cap 130 of 1966 as last 
amended in 1991, as notified by Kenya under Article 63.2 of the Agreement (see document 
IP/N/1/KEN/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
KENYA 
Le present document contient le texte! de la Loi sur le droit d'auteur (chapitre 130) de 1966, 
modifiee en demier lieu en 1991, notifiee par le Kenya au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/lIKEN/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P A.RRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
KENYA 
En el presente documento se reproduce el textol de la Ley sobre derecho de autor 
(capitulo 130) de 1966, modificada por ultima vez en 1991, que Kenya ha notificado en virtud del 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/lIKEN/2). 
1 In English only'/En anglais seulement.!En ingles solamente. IPINIIIKENICII 
Page 2 
LAWS OF KENYA 
The Copyright Act 
CHAPTER 13Q 
KSh. 27 
Revised Edi'tiion 1991 (1983) 
Printed and Published by the Government Printer 
Nairobi CHAPTER 130 
THE COPYRIGHT ACT 
ARRANGEMENT OF SECTIONS 
Sec/iOIl 
l-Short tiilc. 
2-Interpretation. 
3-\Vorks cligibic for copyright. IPINII1KEN/CI 1 
Page 3 
of-Copyright by virtue of nationality or residence, and duration 
of copyright. 
S-Copyright by reference to country of origin. 
6-Copyright in works of Government and international bodies. 
7-Nature of copyright in literary, musical or artistic works and 
cinematograph fllms. 
8-Broadcasting of works incorporated in a cinematograph film. 
9-Nature of copyright in souqd recording .. 
1 O-Nature of copyright in broadcasts. 
ll-Nature of copyright in programme-carrying signals. 
12-Rights of per:fonners. 
13-First ·ownership of cOPY[iigh t. 
14-Assignments and J,icences. 
IS-Infringement. 
I6--Offence.s .and IpenaJt~es for infringement. 
17-Appointmen:t of competent authority ·and duties of sllch 
authority. 
I8-Regulations and extens.ions of application of Act. 
I9-Applicati"On ,to works made before commencement of Act. 
2O--Abrogation -of oommon .. Jaw rights. IPIN/lIKEN/ell 
Page 4 
CHAPTER 130 
THE COPYRIGHT ACf 
Commencement: 1 sf April 1966 
An Act of Parliament to make proYision for copyright in 
literary, musical and artistic works, audio-visual works, 
sound recordings and broadcasts 
1. This Act may be cited as the Copy'right Act. 
2. 0) In this Act, unless the context otherwise requires­
"artistic work" means, irrespective of artlstic 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; 
(cl) photographs not comprised in audio-visual works; 
(e) works of architecture in the form of buildings or 
models; and 
(/) works of artistic craftsmanship, pictorial woven tissues 
and articles of applied handicraft and industrial art; 
"audio-visual work" means a fixation in any physical 
medium of images either synchronized with or without sound 
from which a moving picture may by any means be reproduced 
and tincludes videotapes and videogrames but does not include 
a broadcast; 
"author", in the case of audio-visual work, computer 
programme or sound recording, means the person by whom 
the arrangements for the making of the audio-visual work, 
computer programme or sound recording were undertaken, or 
in the case of a broadcast transmitted from within a country, 
means the person by whom the arrangements for the maJ\:jng 
of the transmission from within tha:t country were undertaken, 
or in the case of programme-carrying signals, means the person 
who decide.s what programme the signa'l emitted to a sateHite 
or pas~ing through a satellite will carry; 
"broadcast" means a sound or television broadcast of any 
material and includes a diffusion over wires, but does not 
include the emission of progralllllrc-Lhrrying signals to a 
satellite; 3 of 1966, 
5 of 1975, 
5 of 1982, 
14 of 1989. 
Short title. 
lnterprctation. 
5 of 1975, s. 2, 
5 of 1982, s. 2. 
14 of 1989, s. 3. No. 15 of 1988. IPINI1 IKEN/CII 
Page 5 
"broadcast authority" means the Kenya Broadcasting 
Cvrporation established by the Kenya Broadcasting Corpora­
rt:1'On Act or any other broiadcaSlter authorized 'by or under any 
WrJlttoo law; 
"building" includes any structure; 
"communication to the public" includes, in addition to 
a live performance or delivery, any mode of visual or 
acoustic presentation; 
"copy" means a reproduction in written form, in the form 
of a recording or audio-visual works, or in any other material 
form, but an object shall not be taken to be a copy of an 
architectural work unless the object is a building or model; 
"copyright" means copyright under this Act; 
"infringing copy" means a copy whose manufaoture 
constituted an infringement 'Of copyright or the rights of the 
performer and in case of a copy which is imported, would 
have constituted an infringement of copyright or the rights of 
the performer had the copy been manufaotured in Kenya by 
the importer; 
"licence" means a lawfully granted licence permitting the 
<ioing 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 poetical works; 
(b) plays. stage directions, film scenaries and broadcasting 
scripts; 
(c) textbooks, treatises, histories, biographies, essays and 
articles; 
(cl) encyclopaedias and dictionaries; 
(e) letters, reports and memoranda; 
(f) lectures, addresses and sermons, 
but does not include a written law or judicial decision; 
"musical work" means any musical work, irrespective of 
musical quality, and includes works composed for musical 
accompanimen t; 
"prescribed" means prescribed by regulations made under 
swti'On 18;, rPIN/IIKEN/C/1 
Page 6 
"rebroadcasting" means simultaneous or subsequent 
broadcasting by one broadcasting authority of the broadcast 
of another broadcasting authority and includes diffusion of 
the broadcast over wires; 
"reproduction" means the making of one or more copies 
of a literary, musical or artistic work, audio-visual works or 
a 'Sound recardirrg; 
"school" has the meaning assigned to it by the Education Cap.21l. 
Act; 
"sound recording" means the first fixation of a sequence 
ot sounds capable of being perceived aurally and of being 
reproduced, but does net include a soundtrack associated with 
audio-visual works; 
"work" includes translations, adaptations, new versions, 
or arrangements of prc-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 au thor is n01 separable from the contribution of the 
other author or authors. 
(2) For the purposes of this Act, the following provisions 
shall apply \vilh respect to publication--
(a) a work shall be taken to have been published if, but 
only if, copies have been issued in sufficient quantities 
to satisfy the reasonable requirements of the pUblic; 
(b) where in the first instance a part only of a work is 
published, tbat part shall be treated for the purposes 
of this Act as a separate work; 
(c) a publication in a country shall not be treated as 
being other than the first publication by reason only 
of an earlier publication elsewhere, if the two publica­
tions took place within a period of not more than 
thirty days. 
3. (l) Subject (0 this section, the following works shall 
be eligible for copyright-
(a) Ii terary works; 
(b) musical works; 
(c) artistic works; 
(d) audio-visual· works; 
(e) sound recordings; Works eligible 
for copyrigh t. 
5 of 1975, s. 3, 
14 of 1989, s. 4. Copyright by 
virtlle of 
nationality or 
resIdence, unci 
duration o[ 
CO(1vr",hl 
5 of 1975, s. 4, 
14 of 1989. s. 5. <f) broadcasts; and IPIN/lIKEN/C/l 
Page 7 
(g) programme-carrying signal~. 
(2) A literary, musical or artistic work shall not be eligible 
for copyright unless-
(a) sufIicient effort has been expended on ma.l(ing the 
work to give it an original character; and 
(b) the work has been \vritten down. recorded or otherwise 
reduced to material form. 
(3) 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. 
4. (1) Copyright shall be conferred by this section on 
every \vork eligible for copyright of which the author or. in 
the case of a work of joint authorship, any of the authors is. 
at the time when the work is made. a qualified person, that is 
to say-
(a) an individual who is a citizen of, or is domiciled or 
resident in, Kenya; or 
(b) a body corporate which is incorporated under or in 
accordance with the iaws of Kenya. 
(2) The term of a copyright conferred by this section shall 
be calculated according to the follmving table-
Type of Work 
1. Literary, musi'oaiJ. 'Or arbi­
stic work o~her rthan 
phoitographs 
2. Audio-visual works and 
photographs 
3. Sound recordings 
4. Broadcasts 
5. Programme-carrying 
signals Date of Expiration of 
Copyright 
Fifty years after the end of 
the year in which the 
au thor dies. 
Fifty year in which the work 
was first made lawfully 
accesible to the public. 
Fifty years after the end of 
the year ill which the 
recording was made. 
Fifty years after the end of 
the year in which the 
broadcast took place. 
Fifty years after the end of 
the year 'in which. the 
signalS' were' emmited by 
satellite. IP/N/lIKEN/CIl 
Page 8 
(3) In the case of anonymous or pseudonymous· literary, 
musical or artistic works, the copyright therein shall subsist 
until the end of the expiration of fifty years from the 
end of the year in which it \vas first published: 
Provided that in the event of the idcntity of the author 
becoming known the tenl1 of protection of a copyright shall 
be calculated in accordance with subsection (2). 
(4) In the case of a work of joint au thorship, 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 
qualified person. 
(5) In the case of literary, musical or artistic work where 
the author is a body corporate, the copyright therein shall 
subSis!t un!tul the end of fifty years from the end of year in 
which the wo'rk was fir-st pubHshed. 
5. (1) Copyright shall be conferred by this section on 
every work, other th~J.n a broadcast, which is eligible for 
copyright and which-
(a) being a literary, musical or artistic work or any audio­
visual work is first published in Kenya; 
(b) being a sound recording, is made in Kenya; and 
(c) being a programme-carrying signal, is cmitted to a 
satellite from a place in Kenya, 
and which has not been the subject of copyright conferred by 
section 4. 
(2) Copyright conferred on a work by this section shall 
have the same duration as -is provided for in section 4 in 
relation to a similar work. 
6. (1) Copyright shall be conferred by this section on 
every work \vhich is eligible for copyright and which is made 
by or under the direction or control of the Government and 
also such international bodies or other governmental 
organizations as may be prescribed. 
(2) Copyright conferred by this section on a literary, 
musical or artistic work, other than a photograph, shall subsist 
until the end of the expiration of twenty-five years from the 
end of the year in which it was first published. 
(3) Copyright conferred by this section on any audio­
visual work, ph'otograph, sound recording, broadcast or 
programme-carrying signal shall have the same duration as is 
provided for by section 4 in relation to a similar work. Copyright by 
reference to 
country of 
()ri~in. 
5:of 1975, s. 5, 
14 of 1989, s. 6. 
Copyright in 
works of 
Government and 
international 
bodies. 
5 of 1975, s. G, 
14 of 1989, s. 7. Nature of 
copyright in 
literary, 
musical or 
artistic works 
and 
audio-visual 
works. 
5 of 1975, s. 7, 
14 of 1989, s. 8, 
14 of 1989, s. 13. 
Cap. 211 
Cap. 21\.}. IP/NI 1 IKEN/CI 1 
Page 9 
(4) Sections 4 and 5 shall not confer copyright on works 
to which this section applies. 
7. (1) Copyright in a literary, musical or artistic work or 
in an audio-visual work shall be the exc1us-ive right to control 
the doing in Kenya of any of tIle following acts. namely the 
reproduction in any materi'al 'form, the distribution of the 
public for commercial purposes of copies by way of sale, 
rental, lease, hire, loan or similar arrangements, the conununi­
cation to the public and -the broadcasting, -of the whole work 
or a substantial part thereof, either -in its original form or in 
any rform 'recogn,izably dCPived from 'the original; but copy­
right ,in any 'such work !shaH 'noit include the right Ito control-
(a) the doing of .any of those acts by way of fair 
dealing for the purposes of scientific res-:arch, private 
use, criticism or review. or the reporting of current 
events; 
(b) (Deleted by 5 of 1975, s. 7,) 
(c) the reproduction and distribution of copies, or -the 
inclusion in a film or broadcast, of an artistic work 
situated in a place where it can be viewed by the 
public; 
(cl) the incidental inclusion of an artistic \vork in a film or 
broadcast; 
(e) the inclusion in a collection of literary or musical 
works of not more than two short passages from 
the \\'ork in question if the co11ection is designed·for 
use in a school registered under the Education 
Act or the University of Nairobi ~stabljshed under 
section 3 (1) of the University of Nairopi Act or "any 
other university and includes an "acknowledgrnentof 
the title and authorship of the work; 
(I) the broadcasting of a work if the broadcast is in­
tended to be used for purposes of systematic instruc­
tional activities; 
(g) the reproduction of a broadcast referred to in the 
preceding paragraph and the use of that reproduc­
tion in a school registered under >the Education 
Act or the University of Nairobi established under 
section 3 (1) of the University of Nairobi Aot or any 
other university for the systematic instructional acti­
vities of any such school or university; 
(h) the making or importing of a sound recording of a 
literary or musical work and .the reproduction" of IPINIlIKEN/C/I 
Page 10 
such sound recording, if intended for retail sale in 
Kenya and provided fair compensation is paid to 
the owner of the relevant part of the copyright in 
the work in accordance with regulations made under 
section 15; 
(i) 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 sufiicient 
acknowledgment; 
(j) the reproduction of a work by or under the direction 
or control of the Government, or by such public 
libraries, non-commercial documentation centres and 
scientific institutions as may be prescribed, where 
the reproduction is in the public interest and no 
revenue is derived thercfrom; 
(k) the reproduction of a work by or under the direction 
or control of a broadcasting authority where the 
reproduction or copies thereof are intended exclus­
ively for lawful broadcast by that broadcasting 
authority and are destroyed before the cnd of the 
period of six calendar man tbs immediately following 
the making of the reproduction or such longer period 
as may be agreed between the broadcasting authority 
and the owr~er of the relevant rart 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 \vithout the 
consent of the owner of the relevant part of the copy­
right in the work; 
(l) the broadcasting of a literary, musical or artistic 
work or audio-visual works already lawfully made 
accessible (0 the public with \vhich no licensing body 
referred to under section 14 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 14; 
Cm) any use niade of a work for the purpose of a judicial 
proceeding or of any report of any such proceeding. Broadcasting 
of works 
incorporated in 
audio-visual 
works. 
14 of 1989, s. 13. 
NJturc of 
copyright in 
sound recording. 
14 of 1989, s. 9. rPIN/IIKEN/ell 
Page 11 
(2) Copyright in a work of architecture shall also incl~de 
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 in a literary, musical or artistic work or in 
audio-visual works shall also include, during the lifetime of 
the author, the right to claim authorship in the work, except 
when the work is used incidentally or accidentally, and to 
object to any distortion, mutilation or other modification of 
the work where that action would be or is prejudicial to the 
honour or reputation of th~ author. 
S. (1) V/here the owner of the copyright in any literary, 
musical or artistic work authorizes a person to incorporate the 
work ;in audio-visual works and a 'broadcasting authority 
broadcasts the film, it shall, in the absence of any express 
agreement to the contrary, be deemed tbat the owner of the 
copyright authorized the broadcast. 
(2) Notwithstanding subseotion (1), where a broad­
casting authority broadcasts audio-visual works in which 
a musical work is incorporated, the owner of the right 
to broadcast the musical \\'ork 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 
campe:tenlt authority appointed uncle.r seotion 17. 
9. (1) Subject to subseotions '(2) and (3), copyright in 
sound recording 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 material 
form; or 
(b) the distribution to the public of copies for commercial 
purposes by way of sale, rental, lease, hire, 'loan or 
miy similar arrangements; or 
(c) the 'cQmmunication to the public or the broadcasting of 
the sound recording in whole or in part either in its 
original fonn. or in any fom1 recognizably derived 
from ~he original. IP/NIlIKENIC/I 
Page 12 
(2) The provisi'o[liS of paragraphs (a), (g), (k) and (i) of 
section 7 (1) shall apply mutatis mutandis to the copyright in a 
sound recording. 
(3) Subject io the subsections (4) and (5), the Tights of an 
owner of a copyright in a sound recording are not infringed 
!?y 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 the sound 
recording shall have the right to receive fa'ir compensation 
consi~ting of a royalty levied on audio recording equipment 
or 'audio blank tape suitable for recording and other media 
initended for recording, payable at the pO'i'n!t of firs't sale in 
Kenya by the manufacturer or importer for commercial pur­
poses of such equipment or media. 
(4) The level of the royalty payable under subsection (3) 
shall be agreed between organizations representaives of pro­
ducers of sound recordings and of manufacturers and import­
ers of audio recording equ'ipment, audio blank tape and media 
mtended for recording or failing such agreement by the autho­
[1.iJty apPOiiruted under s:eotron 17. 
(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 @r private use shall be guilty of an 
offence. 
10. Copyright in a broadcast shall be the exclusive right 
to control the doing in Kenya of any of the following acts. 
namely. the recording and the reblOadcasting of the v/hole or 
a substantial part of the broadcast and the communication to 
t,h.e public in places where D.Il admission fee is charged 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), (g),. (j) .and (Ill) of section 7 0) shall 
apply mutatis mutandis to the copyright in a broad­
cast; 
(b) the .copyright ,in ... a. television broadcast. shall include 
th-e ,fight to cqntrol the. taking. of still photog~~phs 
therefrom. Nature of 
copyright in 
!JruacJcaslS. Na.turc O'f 
copyright in 
programme-­
carrying signals. 
5 of 1975, s. 8. 
Rights of 
performers. 
14 of 1989, s. 10. IP/N/lIKEN/C/1 
Page 13 
11. (1) Copyright in programme-carrying signals shall 
b~ the exclusive right to prevent the distribution in Kenya or 
from Kenya of any such signals by any distributor for whom 
these signals were not intended by their author, but para­
graphs (a), (I), (g) and (m) of, section 7 (1) shall apply 
mu/a/is lllu/mzdis to the copyright in programme-carrying 
signals. 
(2) In this section-
"distribution" means an operation by which programme­
carrying signals are transmitted to the general public or any 
section thereof; 
"distributor" means the person who decides that the dis­
tribution should take place; 
"programme-carrying signals" means electronically 
generated carriers transmitting live or recorded material con­
sisting of images, sounds or both, in their original form or 
any form recognizably derived from the original. and emitted 
to or passing through a satellite situated in extraterrestrial 
space. 
12. (1) No person shall do any of the foHowing acts 
with'out ~he aU1N1'oruzatd.'on 'of ,the performer- . 
(a) broadcast his performance except where the broadcast 
is made from a fixation of the performance autho­
rized by {he performer; 
(b) communicate to the public his performance except 
where the communication-
(i) is made from a fixation of the performance; or 
(ii) is made from a broadcast of the performance, 
author1zed by the performer; 
(c) make a fixation of a previously unfixed performance; 
(cl) reproduce a fixation of the performance in either of 
-the following cases-
(i) where the perfonnance was initially fixed w~thout 
the authorization of the performer; or 
(ii) where the reproduction is made for purposes 
different from those for \vhich the performer 
gave his authorization. 
(2) In the absence of any contraotual agreement to the 
contrary in circumstances of employment from which the 
contrary would normally be inferrw rp/N/lIKEN/ell 
Page 14 
(a) the authorizatdon to broadcast does not imply an 
authorization to licence other organizarti'Ons to broad­
oas t the performance; 
(b) the authorization to broadcast does not imply an 
authorization t.o make a fixation of the performance; 
and 
(c) the authorization to broadcast .and fix the performance 
does not imply an authorization ~to reproduce the 
fixation. 
(3) A binding aUllhorizatiOln give;n under Ilhits section may 
be given by the performer or by a duly apPo'inted representa­
tive to whom he has granted in wri,Hng the right to give such 
aurt!fl'oriza!bi'On; and any aU'trhorrj:~a'Vi'on given by Ithe performet 
cla~ming that he has retained 'the relevant rights or by a 
person claim,ing 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 oase may be, was not valid. 
(4) Protecti'On 'Of the rights of the performer under this 
section shall subsist for fifty years 'after the end of the year in 
which the performance took place. 
(5) In this section-
"performance" mealI11S ,the repres'e!I1!ra:llion 'd a work by 
such action as dancing, playing, reciting, singing, declaiming 
or projecting to listeners by any means whatsoever; 
"perfoffi1er" means an actor, singer, declaimer, musician 
or other person who performs a literary or musical work and 
includes the conductor or director of the performance of any 
such work; 
"fixation", in relation to a performance, means an audio­
visual recording or a sound recording-
(a) made directly from a live performance; 
(b) made from a broadcast of or including the perform­
ance; 'Of 
(c) made directly or indirectly from another recording of 
the performance. 
13. (1) Copyright conferred by seotions 4 and 5 shall 
vest initially in the author: 
Provided that where a work--
m is commissioned by a person who is not the author's 
employer under a contract of sefvic.c; or First ownership 
of copyrigh t. 
5 of 1982, s. 3, Assignments and 
licences. 
5 of 1975. s. 9. IPIN/lIKEN/C/l 
Page 15 
(ii) not having been so commissioned,· is made in the 
course of the author's employme~1t. 
the copyright shall be deemed to be transferred to the person 
who commissioned the work or the author's employer. subject 
to any agreement between the parties excluding or limiting 
the transfer. 
(2) Copyright conferred by section 6 shall vest initially 
in the Government or such international bodies or other 
governmental organizations as may be prescribed, and not in 
the author. 
14. (1) Subject ita tthis seCltio-D. copyright '5'ha11 be .franc· 
missible by ass·ignmerrt, by testanTetary disposition, "Or by 
ope:ra1ion 'Of law, as movable property. 
(2) An assignment or testamentary disposition o.f 
copyright may be limited so as to apply to some only 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 specified 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 
sball have eITect unless it is in writing signed by Or o"n behalf 
of the as~ignor, or by or on behalf of the licensor, as the case 
may be. 
(4) A non-exclusive licence to do an act the doing. of 
which is controlled by copyright may be '.vritten or oral, or 
fTIClY 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 
furtIler contract. 
(5) (Deleted by 5 of 1975, s. 9,) 
(6) 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. 
iJnd the prospective copyright in any such work shaH be 
transmissible by operation of law as movable property. 
\ 7) A testamentary C!isposltIon of the ):haterial.on. whlch, a 
work is first written or otherwise recordccrshalJ; iii the abs'ence 
of contrary indication, be tal(eil" to" include tliedlspo;sition of 
any copyright.Of .prospcctive.copyrig;llf: ~jn1hc' \vO"rk"\vhicb is 
vested in tbe Clecea:sw ... IP/NIlIKEN/CIl 
Page 16 
15. (1) Copyright shall be infringed by a person who, 
wliitllroot ithe !]licence of the owner of the copyrriight-
(a) doos, 'or causes to 'be done, am. aot the do~ng -of which 
is controlled by the copyright; or 
I 
(b) imports, or causes to be imported, otherwise than for 
his pi"ivate and domestic use, an article which he 
knows to be 'an infringing copy. 
(2) The rights of a performer sha:lrl be 'i'l1rf'ninged by a 
person who without the consent of the performer-
(a) does, or causes to be done, any act specified in section 
12 (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 
12 had -it been made in Kenya by the impone.r. 
(2) Infringement of copyright shall be actionable at the 
suit of the owner of the copyright; and in any action for 
infringement the following relief shall be available to the 
plain tiff-
(a) the relief by way of damages, injunction, accounts or 
otherwise that is available in any corresponding pro­
ceedings in respect of infringement of other pro­
prietary rights; and 
(b) delivery up 10 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. 
(3) 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 mvare, and bad no reasonable grounds for 
suspecting, that copyright subsisted in the work to 
which the action relates, 
the plaintiff shall' not -be .entitled under this sec;tion ,to any 
dam:1ges against the defelldant in respect of rhe:intringement, 
but' sh8JI' be entItled 'to an account of profits in resp'ect of the 
iiifringemen( \vhether or not other relief is granted under this section. ' ' (nfringemenl. 
5 of 1982, s. 4, 
14 of 1989, s. 11. IP/N/lIKEN/C/l 
Page 17 
(4) \Vhere in an action under this section an infringement 
of copyright is proved or admitted, and the court, having 
regard (in addition to all other material considerations) to-
(a) the flagrancy of the infringement; ana 
(b) any benefit shown to have accrued to the defendant by 
reason of the infringement, 
is satisueclthat cfIectiyc relief would not otherwise be available 
to the pbintifI, the court, in assessing damages for the infringe­
ment, may award such additional damages' by virtue of this 
subsection as the court may consider appropriate in the 
circums tances. 
(5) No injunction shall be issued in proceedings for 
infringement of copyright which requires a completed or partly 
built building to be demolished or prevents the completion of 
a partly built building. 
(6) 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 by 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. 
(7) Where in an action under this section, a name 
purporting to be the name of the author or joint author 
appeared on copies of a literary or musical work as published 
or an artistic work when it was made, any person whose name 
so appeared, if it was his true name or the name by which he 
was commonly known, shall be presumed, unless the contrary 
is proved-
(a) to be the author 'of the wOJ:k; and 
(b) to have made the work in circumstances not falling 
within the proviso Ito section 11 (1). 
(8) \Vhere, in an action under this section, subsection (7) 
does not apply but the literary, musical or artistic work to 
which that action relates was first published in KeJ).ya, or any 
country to which the provisions of this ·Act in respect of works 
of the type in issue has been extended, ItWenty years before the 
ye:ar in which the acti()I1. was., broQgh t and .a, name pu rp Qrting 
to be' that 'Of the publisher appeared in a: cOpy of 'the'\vOik IP/Nll/KEN/C/l 
Page 18 
\vhen'it WaS first published, then unless the contrary is proved, 
copyright shall be presumed to subsist in the work and that 
publisher shall be presumed 'to have been the owner of that 
qopyright when the work was firsl: published . . 
(9) \Vhere, in action under this -seotion, 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 
first publication and was published :in a specified 
country on la specified date, is true. 
(10) (a) '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 'to the effect that a 
person named -thereon was the maker of the. sound recording 
or the recording was first published jn a specified year shall, 
u.n)~ss the cOl? trary is proved, be presumed to be true. 
(b) In this subsection "record" means any disc, tape, 
perforated roll or 'Other· device in which sounds are embodied 
which are capable of reproduction therefrom with or without 
the aid of another instrument. 
(11) In this sectian-
. "action" includes a counterclaim, and references to the 
plaintiff and to the defenc1ant in an action shall be construed 
accorc1ill!2:lv; 
,"court" means the High Court; 
"owner of the copyright" means the first owner, an 
assignee or an exclusive licensee, as the case may be, of the 
relevant portion of the copyright. 
16. (lj Any pers'an who, at a IVime when copy(ight or 
the rights of a performer subsists in a work-
(a) makes for s~ile or hire any infringing copy; 
(b) sells or lets for hire or by way of trade exposes or 
offers for sale or hire any infringing copy; 
(c) distributes Jnfringing copies; 
(d) possesses othenvise Than for his private and domestic 
use, any infringing copy; Offences and 
penalties for 
infringement. 
5 of 1975, s. 10, 
5 of 1982, s. 5. 
14 of 1989, s. 12. IPINIlIKEN/CI 1 
Page 19 
(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 miling 
infringing copies, 
shall, unless 'he is able :to prove that he had acted in good 
f8Ji,th and had no Teasonable grounds for supposing That 
copyright or the rights of a perfonner 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 time when copyright subsisted in such work or sound 
recording and where such performance was an infringement 
of that copyright shall be guilty of an offence unless he is able 
to prove that he had aoted in good faith and had no reasona:ble 
grounds for supposing that copyright would or might be 
infringed. 
(3) For the purposes of paragraphs (a) to (I) of subsection 
(1), any person who has in his possession, custody or control 
three or more infringing copies of a work in the same form, 
shaH, unless thecal1!trary is proved, be pressumed itO' be in 
possession of or to have limported such copies otherwise than 
for private and domestic use. . 
(4) Any person guilty ''Of an offence under paragraph (a). 
(c) or (e) of subsection (1) shall be liable to a fine not exceeding 
two hundred thousanq. shilIiJ;lgs or 1:0 imprisonment for a term 
not exceeding five years 'Or to both. . . 
(5) Any person guilty of an offence under paragraph (b) 
or (d) 'Of subsection (1) shall be liable ,to a fine not exceeding 
one hundred thousand shillings 'Or 1:0 imprisonment for a term 
not exceeding two years or to both. 
(6) Any person guilty of an offence under paragraph (t> of 
subsection (1) shall be liable to a fine not exceeding two 
hundred thousand shillings or to imprisonment for a term not 
exceedings five years or to both. 
(7) The court before which a person is charged with an 
offence under ItlJii:s :se;ofi'olJ1 \Sih'ali, whether (he ·vs convioted of :Vhe 
offence or not, order that any article in his possession which 
appears to the court 10 be an infringing copy, or to be an 
article used or intended 10 be used for making infringing 
copies shall be destroyed or delivered up to the owner of the 
copyright in question or otherwise dealt with as the court may 
think fit. IPINIlIKEN/CI 1 
Page 20 
(8) 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 offence alleged; 
and 
(b) except before the High Court or the Resident Magis­
trate's Court, 
17. (1) In any case where it ftppe:ars to the competent 
authority that a licensing body-
(a) is unreasonably refusing to grant licences in respect of 
copyright; or 
(b) is imposing unreasonable terms or conditions on the 
granting of such licences, 
the competent authority may direct that, as respects the doing 
of any act reiating to a work with which the licensing body is 
concerned, a l~cence shall be deemed to have been granted by 
the licensing"- body at the time the act is dorie provided the 
appropriate "fees fixed by the competent authority are paid or 
tendered before the expiration of such period or periods as the 
competcnt a"uihority may determine. 
(2) In th"is section-
"competent authority" means an authority of not more 
than three persons appointed by the A ttomey-General for the 
purpose of "cxercising jurisdiction under -this Act whenever 
any matter requires to be determined by it: 
"licensing body" means an organization \vhich has as its 
main object, or one of its main objects, "the negotiation or 
granting of licences in respect of copyright \vorks. 
(3) No person shall be appointed under this section, nor 
sball any person so appointed act as a competent authority, 
if he, his partner, his employer or any 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. 
18. (1) The A;tt'orney-Gen'eral may make regulatl'ons for 
the better carrying out of the provisions of this Act, and with­
out prejudice to the generality of the foregoing those regula­
tions may prescribe anything to b~ prescribed or which may be 
prescribed under this Act, and may extend the application of Appointment (If 
competent 
authority and 
duties of such 
authority. 
Regulations and 
extension of 
application of 
Act. 
S of 1975, s. 11. Application to 
works made 
before 
commencement 
of Act. 
Abrogation of 
common law 
rights. IPIN/IIKEN/ell 
Page 21 
this Act in respect of any or all of the works referred to in 
section 3 (1)--
(Cl) to individuals or bodies corporate who are citizens of, 
domiciled or resident in or incorporated under the 
laws of; or 
(h) to works, other than sound recordings, first published 
in; or 
(c) to sound recordings made in; or 
(d) to programme-carrying signals emftted to a satellite 
from. 
a country which is a party to a treaty to which Kenya is also 
a party and which provides for copyright in works to which 
the application of this Act extends. 
(2) The Attorney-General may make regulations restrict­
ing the right of an author to control the translation or the 
reproduction of his work up to the extent permitted by any 
Universal Copyright Convention for the time being in force 
in Kenya. 
(3) The Attorney-General may make regulations autho­
rizing. and prescribing terms and conditions governing. any 
specified use of folklore, except by a national public entity 
for non-commercial purposes, or the importation of any work 
made abroad which embodies folklore. 
(4) For the purposes of subsection (3) "folklore" means 
a literary, musical or artistic work presumed to have been 
created within Kenya by an unidentified author which has 
been passed from one generation 'io another and constitutes 
a basic element of the traditional cultural heritage of Kenya: 
19. 'Dhis Adt shan apply in relaJti'Oll :to works made 
before the commencement of this Act as it applies in relation 
to \-'lorks made thereafter. 
20. No 'cJopJ:righJt, 'Or 11igblt in the nature of copyright, 
shall subsist otherwise than by virtue of this Act or of some 
other enactment in that behalf. IP/NIlIKEN/C/l 
Page 22 
SUBSIDIARY LEGISLATION 
Regulations under section 15 
THE COPYRIGHT REGULATIONS 
1. These Regulations may be cited a~ the Copyright Regulations. 
2. The application of the Act is extended-
(a) in respect of literary works, musical works, artistic works and 
cinematograph films, to-
(i) individuals or bodies corporate who are citizens of, domi­
ciled or resident in or incorporated under the laws of 
the countries named in the First Schedule; and 
(ii) ,those works and cinematograph films first published in the 
countries named in the First Schedule, 
being countries which are parties to the Universal Copyright 
Convention to which Kenya is also a party and which 
provides for copyright in works to which the application of 
the Act extends; and 
(b) in respect of sound recordings, to-
(i) individuals or bodies corporate who are clt!lCnS of, 
domiciled or resident in or incorporated under the bws 
of {he countries named in the Third Schedule; and 
(ii) those recordings made in the countries named in the 
Third Schedule, 
being countries which are parties to the Convention for the 
Protection of Producers of Phonograms against Unauthorized 
Duplication of their Phollograms to which Kenya is also a 
party and which provides for copyright in sound recordings 
to which application of the Act extends. 
3. The international bodies named in the Second Schedule to 
these Regulations are prescribed for ~he purposes of section 6 (I) of 
(he Act. 
Andorra. 
Algeria. 
Argentina. 
Australia. 
Austria. 
Bangladesh. 
Belgium. 
Brazil. 
Bulga.ria. 
Cambodia. 
Cameroon. 
Canada. 
Chile. 
Colombia. 
Costa Rica. 
Cuba. FIRST SCHEDULE 
Czechoslovakia. 
Denmark. 
Ecuador. 
Fiji. 
Finland. 
France. 
Germany, Democratic. Re· 
public of. 
Germany, Federal Republic 
of. 
Ghana. 
Greece. 
Guatemala. 
Haiti. 
Holy See. 
Hungary. (Subsi.di~ry J 
L.N.322/1966, 
L.N.353/1966, 
L.N.127/1967, 
LN.266/1971, 
L.N.312/1977. Iceland. 
India. 
Ireland. 
Israel. 
Italy. 
Japan. 
Laos. 
Lebanon. 
"Liberia. 
Liechtenstein. 
Luxembourg. 
Malawi. 
Malta. 
Mauritius. 
Mexico. 
Monaco. 
MOrocco. 
Netherlands. 
Nevi. Zealand. 
Nicaragua. 
Nig"eda. Norway. 
Pakistan. 
Panama. 
Parag·uay. 
Peru. 
Philippines. 
Poland. 
Portugal. 
Senegal. 
Spain. 
Sweden. 
Switzerland. 
Tunisia. IP/N/l/KENIC/l 
Page 23 
United Kingdom of. Great 
Britain apd Northern 
Ireland. 
United States of America. 
U.S.S.R. 
Venezuela. 
Yugoslavia. 
Zambia. 
SECOND SCHEDULE 
"The United Nations Organization. 
The Specialized Agencies of the United Nations Organization. 
The Organization of American States. 
The Organization of African Unity. 
THfRD SCHEDULE 
Argentina. 
Australia. 
Brazil. 
Chile. 
Denmark. 
Ecuador. 
Fiji. 
Finland. 
France. 
Germany,. Federal Republic 
of. 
Guatemala. 
Holy See. Hungary. 
India. 
Italy. 
Luxembourg. 
Mexico. 
Monaco. 
New Zealand. 
Panama. 
Spain. 
Sweden. 
United Kingdom. 
United States of America. 
Zaire. 