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The Kenyan Copyright Act 2001 provides the Statutory basis for the management and protection of copright in Kenya.
Under the Kenyan Copyright law, Copyright does not need to be registered in order to subsist but it would subsist automatically on its being reduced to material form and published. Among works that are accorded copyright protection under the Kenyan Copyright Act are literary works, musical works, artistic works, sound recordings, cinematograph films, computer programs and architectural drawings. Assignment of Copyright Under the Copyright Act, the owner of a copyright can assign the same to a third party. However, all foreign assignment must be registered with the Copyright Board. Litigation on Copyright Disputes and Infringement Copyright infringement is a criminal offence in Kenya with various penalties accorded to various infringements. Civil litigation in respect of copyright infringement and disputes are filed and heard by the High Court. In a case of a claim of copyright infringement and where there is a fear that the Defendant may get rid of incriminating evidence before the suit against it is heard the Copyright Act 2001 allows for the issuance of Anton Pillar orders. |
