45. Works in the public domain

Edition: 2022-12-31 · In force

45. Works in the public domain

(1)The following works shall belong to the public domain—

(a)works whose terms of protection have expired;

(b)works in respect of which authors have renounced their rights; and

(c)foreign works which do not enjoy protection in Kenya.

(2)For the purposes of paragraph (b), renunciation by an author or his successor in title of his rights shall be in writing and made public but any such renunciation shall not be contrary to any previous contractual obligation relating to the work.

(3)Subject to the payment of such fees as may be determined by the Cabinet Secretary in relation thereto, a work which has fallen into the public domain may be used without any restriction.[Act No. 11 of 2017, Sch.]

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Source: Kenya Law