Kenyan legislation

The Copyright Regulations

Edition: 2022-12-31 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Copyright Regulations.

2. Forms

The forms referred to in these Regulations shall be the forms set out in the First Schedule.

3. Fees

The fees set out in the Second Schedule shall be the prescribed fees for the purposes of these Regulations.

Part II – REGISTRATION OF COPYRIGHT WORKS

4. Copyright Register

(1)The Executive Director shall keep and maintain a databank of authors and their works known as the Copyright Register, in accordance with section 5(f) of the Act, in which the following particulars shall be recorded with respect to any copyright work that the copyright owner elects to register—

(a)the title of the copyright work;

(b)the name of individual or organization, identity card number or certificate of incorporation for a company, of the author, owner, assignee or exclusive licensee of the copyright work;

(c)a description of the work;

(d)the physical, postal and email address of the copyright owner;

(e)the date of affixation of the copyright work; and

(f)any other information that the Executive Director may consider relevant.

(2)The Executive Director may maintain the Copyright Register in electronic or physical form.

(3)Where the owner of a work wishes to have it registered in accordance with paragraph (1), he or she may apply for its registration in Form C.R. 1 as set out in the First Schedule, accompanied with the prescribed fee, and submit a copy of the work to the Executive Director:Provided that in the case of books and magazines, proof of deposit at the National Library shall suffice.

(4)Where an application is successful, the Executive Director shall issue the applicant with a certificate of registration in Form C.R. 2 as set out in the First Schedule.

(5)Where an application has been made in electronic form, the Executive Director may issue the applicant with an electronic certificate:Provided that the electronic certificate shall have tamperproof security features.

(6)The Executive Director shall keep and maintain an index or indexes of the Copyright Register as may be necessary.

(7)The Executive Director may, for good cause or on application by an interested party and on such conditions as the Executive Director may deem fit, amend the Copyright Register to correct errors by—

(a)entering relevant information in the Copyright Register that may have been wrongly omitted;

(b)removing any entry that may have been wrongly made or remaining in the Copyright Register; or

(c)correcting an error or defect in the Copyright Register.

(8)Every entry made in the Copyright Register or particulars of any work entered therein shall be made accessible to the public in electronic form on the payment of a fee and in a manner as the Board may approve.

(9)An application for the change of name or address of a copyright holder shall be made on Form C.R. 3 as set out in the First Schedule

(10)Where there is a change of ownership in respect of any copyright work, the new or former owner of the copyright work shall apply for a change of ownership shall be made in Form No. C.R. 6 as set out in the First Schedule and accompanied by a certified copy of the relevant instrument of transfer.

5. Application for registration of copyright works from outside Kenya

(1)This regulation shall apply to section 33(3A) of the Act

(2)An application for the recordal of an assignment or a license of a copyright work from outside Kenya shall be made in Form C.R. 5 as set out in the First Schedule and accompanied by a certified copy of the deed of assignment or similar instrument.

(3)Where an application under paragraph (2) is successful, the Executive Director shall issue the applicant with a certificate of registration of assignment or license in Form C.R. 5 as set out in the First Schedule.

(4)Such approved registration shall be entered in the Copyright Register upon payment of a Registration fee as set out in the Second Schedule.

6. Authentication of copyright works

(1)This regulation shall apply to section 36 of the Act.

(2)A sound recording or audio-visual work imported into Kenya, intended for sale or offered for sale, hiring, lending or intended for distribution to the public for commercial purposes in Kenya, shall have affixed on the media an authentication device.

(3)The authentication device shall be issued by the Board and be tamper-proof and serially numbered.

(4)The authentication device shall be affixed by the copyright holder whose copyright work has been entered in the Copyright Register before it is released in the market.

(5)An application for the affixing of an authentication device of copyright work under section 36 (1) shall be made in Form C.R. 7 as set out in the First Schedule and accompanied by relevant documentary evidence that the author of the work or copyright holder of the works has authorized the manufacture, production or distribution of the work in Kenya.

7. Copyright Inspectors

(1)A Copyright Inspector appointed under section 39 (1) of the Act shall carry and produce on request by any person a Board Identification Card or Certificate of Authority bearing the Board's seal while executing his or her duties.

(2)The Board shall publish in the Gazette the name of a copyright inspector appointed under section 39(1) of the Act.

(3)The Certificate of Authority referred to in paragraph (1) shall be in Form C.R. 8 as set out in the First Schedule.

8. Inventory of seized goods

(1)A notification of seized goods under section 41(1) of the Act shall be in Form C.R. 9 as set out in the First Schedule.

(2)A notification of seized goods under section 41(3) shall specify the date, physical address of the place of seizure, number, type, brand and description of the seized items and in the case of large quantities of seized items, single items need not be described and may be listed as a block.

(3)A notification of seized goods under section 41(3) shall be filled in triplicate and a copy shall be issued to the person from whom the goods have been seized and signed by the person who prepares it or seized the goods.

9. Renunciation of copyright

(1)An author or copyright holder who wishes to renounce a copyright work shall notify the Executive Director in writing of his or her intention to renounce the copyright work.

(2)The Board shall publish the notice of renunciation under paragraph (1) in the Gazette.

10. Extension of Regulations

In accordance with section 49(2)(b) of the Act, these Regulations shall also apply to—

(a)in respect of literary works, musical works and artistic works, to individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of another country and which provide for the protection of copyright and related rights;

(b)those works and audio-visual works first published in a country which is a party to treaty to which Kenya is also a party and which provides for the protection of copyright and related rights; and

(c)individuals or bodies corporate who are citizens of, domiciled in those audio-visual works and photographs first made available to the public or first published in a country which is a party to a treaty to which Kenya is also a party and which provides for protection of copyright and related rights.

Part III – MISCELLANEOUS PROVISIONS

11. Application for copies of documents

A person who wishes to obtain a copy of a document kept by the Board shall apply to the Board in Form C.R. 11 as set out in the First Schedule for a certified copy or in Form C.R. 12 as set out in the First Schedule for an uncertified copy and on the payment of the prescribed fee.

12. Copies of lost or destroyed documents

(1)The Board may, on application by any person, issue a copy of a lost or destroyed certificate.

(2)An application for a copy of a lost or destroyed certificate shall be in Form C.R.13 as set out in the First Schedule.

(3)An application for a copy of a lost or destroyed certificate shall be accompanied by a declaration or affidavit under oath with respect to the loss or destruction of the certificate in Form C.R.14 as set out in the First Schedule.

13. Extension of time

The Board may extend the time for doing an act or taking proceedings, other than the time expressly provided for in the Act, on such conditions as it may specify or on request or application of the person who has been time-barred.

14. Signing of forms

(1)A form that is required to be signed on behalf of a corporation shall, unless an agent signs it, be signed by a director or the secretary of the corporation.

(2)The following provisions shall apply if a form is required to be signed on behalf of a partnership—

(a)unless the form is signed by an agent, the form shall be signed by a partner or by a person who satisfies the Board that the person is authorized by the partnership to sign on its behalf; and

(b)the form shall set out the names and addresses of the partners.

15. Statutory declarations

The Oaths and Statutory Declarations Act (cap. 15) shall apply with respect to a statutory declaration or an affidavit under the Act or these Regulations in Form C.R. 15 as set out in the First Schedule.

16. Documents to be in English language

(1)A document submitted or provided to the Board under section 21(1) and (3) of the Act and shall be in the English language.

(2)If a copy of a document that is required to be submitted or provided under section 21(1) or (3) is not in the English language, the following shall apply —

(a)an English translation of the document shall be provided along with the copy of the original document;

(b)the translation shall be certified to be an accurate translation;

(c)if more than one copy of the document is required, one copy of the translation shall be provided for every copy of the document required;

(d)if the Board determines that the translation is not accurate, the Board may refuse to accept it and may require an accurate translation to be provided or submitted; and

(e)the copy of the document shall be deemed not to have been provided or submitted until the required translation and copies thereof are provided or submitted.

17. Revocation

18. Transitional provisions

(1)A permit, license, certificate, authorization or any other document issued or granted under the repealed Regulations shall continue to be valid for the unexpired period thereof.

(2)A person who had applied for a new permit, license, certificate, authorization or any other document under the repealed Regulations, shall continue to operate under the terms of the permit, license, certificate, authorization or any other document held by that person as if the application had been made under these Regulations until the application is determined.

Source: Kenya Law · Imported 4 October 2026