ADVOKS GLOBAL · KENYA
Copyright Act
33A. Grant of licences in copyright works withheld from Kenyan market
Edition: 2022-12-31 · In force
33A. Grant of licences in copyright works withheld from Kenyan market
(1)The Board may upon application by any person grant a licence for works not made available in the Kenyan market during the term of copyright where the owner of the copyright in the work—(a)refuses to republish or allow the republication of the work or to allow the performance of the work in public, and by reason of such refusal the work is withheld from the public; or(b)refuses to allow—(i)communication of such work to the public; or(ii)in the case of a sound recording, the communication of the work recorded in such recording to the public by broadcast,on terms which the complainant considers unreasonable.(2)The Board may, after giving to the owner of the copyright in the work a reasonable opportunity to be heard and after holding such inquiry as it may deem necessary, if it is satisfied that the grounds for such refusal are not reasonable, grant to the complainant a licence to republish the work or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Board may determine.(3)Where two or more persons make an application in respect of the same work, the license shall be granted to the applicant who in the opinion of the Board would best serve the interests of the general public upon proof of refusal of license and subject to the terms set by the Board in its regulations.