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.