31. First ownership of copyright

Edition: 2022-12-31 · In force

31. First ownership of copyright

(1)Copyright conferred by sections 23 and 24 shall vest initially in the author:Provided that where a work—

(a)is commissioned by a person who is not the author’s employer under a contract of service; or

(b)not having been so commissioned, is made in the course of the author’s employment under a contract of service,

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 25 shall vest initially in the Government or such international bodies or other governmental organizations as may be prescribed, and not in the author.

(3)In this section “owner of copyright”—

(a)where the economic rights are vested in the author, means the author;

(b)where the economic rights are originally vested in a physical person other than the author or in a legal entity, means that person or entity; and

(c)where the ownership of the economic rights has been transferred to a physical person or legal entity, means that person or entity.

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Source: Kenya Law