ARTICLE · 14 JANUARY 2020

Adherence To Copyright Obligations By Licensed Service Providers

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Recently, the Communications Authority of Kenya ("Authority") and the Kenya Copyright Board ("KECOBO") published a joint notice compelling broadcast service providers and telecommunications content

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Recently, the Communications Authority of Kenya ("Authority") and the Kenya Copyright Board ("KECOBO") published a joint notice compelling broadcast service providers and telecommunications content service providers to adhere to copyright obligations (the "Notice").

The Notice is in tandem with provisions of the Kenya Information and Communications Act, which places responsibility on licensed service providers to heed copyright and neighbouring rights in respect of any work or material. It also effects the provisions of the newly enacted Copyright (Amendment) Act 2019.

Licensees are now responsible for all obligations and liabilities to any third party associated with copyrights (or other rights) arising from the broadcast and/or distribution of copyrighted content. Further, before broadcasting and/or distributing copyrighted material, the licensees are expected to have negotiated and agreed upon legal contracts with copyright licensing bodies.

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