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ARTICLE · 16 DECEMBER 2019

Overview Of The Copyright Amendment Act 20 Of 2019

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The Kenyan Copyright Amendment Act of 2019 came into effect on 2 October 2019, repealing and amending various sections of the Copyright Act 12 of 2001 (Chapter 130).

KenyaIntellectual Property
Kelly Thompson
Kelly Thompson
Kim Rampersadh
Kim Rampersadh
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The Kenyan Copyright Amendment Act of 2019 came into effect on 2 October 2019, repealing and amending various sections of the Copyright Act 12 of 2001 (Chapter 130).

The new Amendment Act brings with it several notable changes, briefly highlighted below.

The Amendment Act seeks to redefine the nature of copyright subsisting in works that are eligible for protection. Specifically, the Amendment Act introduces dramatic works as a separate category of work while redefines a musical work by requiring it to include a graphical notation of the work in order to qualify for protection. Additionally, it deletes the definition of "folklore" from the Main Act.

Section 10 of the Amendment Act introduces section 22A in the Main Act, which envisages the registration of copyright by, inter alia, the author or owner of a work. The Kenyan Copyright Board (KECOBO) is required to maintain a register of all works, which is prima facie proof of copyright.

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