ADVOKS GLOBAL · KENYA
Copyright Act
30. Rights of performers
Edition: 2022-12-31 · In force
30. Rights of performers
(1)Subject to section 30 of this Act, a performer shall have the exclusive right to carry out any of the following acts—(a)broadcast his performance except where the broadcast is made from a fixation of the performance authorized by the 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 broadcast of the performance, authorized by the performer;(c)make a fixation of a previously unfixed performance; and(d)reproduce a fixation of the performance in either of the following cases—(i)where the performance was initially fixed 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 fixed performances;(f)distribution of a fixation of his performance or copies thereof, to the public;(g)the making available to the public of his fixed performance, by wire or wireless means in such a way that members of the public may access them from a place or a time individually chosen by them.(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 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 authorisation 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 authorisation; 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.(4)Protection of the rights of the performer under this section shall subsist for fifty years after the end of the year in which the performance was fixed.(5)The performer shall, during his lifetime, as regards live performances or performances fixed in phonograms, have the right, independently of his economic rights, to—(a)be identified as the performer of his performances and to object to any distortion, mutilation, or other modification of his performances that would be prejudicial to his reputation; and(b)seek relief in connection with any distortion, mutilation or other modification 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)The rights of an owner of a copyright in a fixation of their performance are not infringed by the making of a single copy of the performance for the personal and private use of the person making the copy and in respect of such use the owner of a related right in the performance shall have the right to receive fair compensation consisting of a royalty levied on audiovisual recording equipment or audio-visual blank media 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.