ADVOKS GLOBAL · KENYA
Copyright Act
28. Nature of copyright in sound recordings
Edition: 2022-12-31 · In force
28. Nature of copyright in sound recordings
(1)Subject to subsections (2) and (3), copyright in sound 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 sale, rental, lease, hire, loan or any similar arrangements; or(ba)the making available of the sound recording in whole or in part either in its original form or in any form recognizably derived from the original; 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)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 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 first manufacture or entry in Kenya by the manufacturer or importer for commercial purposes of such equipment or media.(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 fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding four years or to both.