The Copyright Regulations, 2004

Legal Notice 128 of 2004

Repealed
This Legal Notice was repealed on 2020-09-18 by The Copyright Regulations, 2020.
This is the version of this Legal Notice as it was when it was repealed.
Citation
Legal Notice 128 of 2004
Primary work
Copyright Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

COPYRIGHT ACT

THE COPYRIGHT REGULATIONS, 2004

LEGAL NOTICE 128 OF 2004

  • Commenced on 25 February 2005
  1. [Amended by Copyright (Amendment) Regulations, 2015 (Legal Notice 26 of 2015) on 27 March 2015]
  2. [Amended by Copyright (Amendment)(No. 2) Regulations, 2015 (Legal Notice 191 of 2015) on 25 September 2015]
  3. [Amended by Copyright (Amendment) Regulations, 2016 (Legal Notice 26 of 2016) on 11 March 2016]
  4. [Revoked by The Copyright Regulations, 2020 (Legal Notice 177 of 2020) on 18 September 2020]

Part I – PRELIMINARY

1. Citation and commencement

These Regulations may be cited as the Copyright Regulations, 2004.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Authority" means the Competent Authority established under section 48 of the Act." exclusive licence" means a licence in writing signed by or on behalf of an owner or prospective owner of copyright or related rights, authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which by virtue of the Act would (apart from the licence) be exercisable exclusively by the owner of copyright or related rightsand "exclusive licensee" shall be construed accordingly;"public display" means the showing of original or a copy of a work—(a)directly;(b)by means of a film, slide, television image or otherwise on screen;(c)by means of any other device or process; or(d)in the case of an audio-visual work, the showing of individual images consequentially at a place or places where persons outside the normal circle of a family and its closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time or at different places or times, and where the work can be displayed without communication to the public;"public performance" means—(a)in the case of a work other than an audio-visual work, the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process;(b)in the case of an audio-visual work, the showing of images in sequence and the making of accompanying sounds audible; and(c)in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places or times, and where the performance can be perceived without the need for communication to the public."related rights" mean rights neighbouring on copyright, including those subsisting under section 27(2)), section 28, section 29, section 30 of the Act;

3. Forms

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

4. Fees

(1)The fees set out in the Second Schedule shall be the prescribed fees for the purposes of these Regulations.
(2)If, for a fee, a corresponding form is referred to in the Second Schedule, the fee is payable when the form is used.
(3)Any fees paid in error shall be refunded upon proof of the error to the satisfaction of the Executive Director.

Part II – ADMINISTRATION

5. Training, competitions and awards

In carrying out its functions under paragraphs (c) and (e) of section 5 of the Act, the Board shall—
(a)organize and conduct training relating to copyright matters at all levels, in collaboration or association with other relevant institutions, if necessary; and
(b)among other activities, organize competitions and contests and give prizes and awards.

6. Office hours of the Board (Copyright Office).

The offices of the Board shall be open to the public each day, other than on a Saturday, Sunday or public holiday, from 9.00 am to 1.00 pm and from 2.00 pm to 4.00 pm.

7. Appointment of advisors

(1)The Executive Director may, in consultation with the Board, appoint such experts, advisors or consultants in relation to any matter before the Board or to perform any other function or functions specified by the Executive Director.
(2)In exercise of his powers under paragraph (1), the Executive Director shall not make an appointment that the Board is authorized to make under section 12 of the Act.

8. Copyright Register

(1)Pursuant to the provisions of paragraph (f) of section 5 of the Act, the Executive Director shall open and maintain a register known as the "Copyright Register" wherein the following particulars shall be recorded in respect of any copyright work that the owner elects to register—
(a)the number and title of the copyright work;
(b)the name, address and nationality of the copyright holder;
(c)the date of the application for registration of a copyright work;
(d)address for service of the copyright holder;
(e)a licence granted by the copyright holder;
(f)a notice of every document affecting a change in address or ownership of the work or purporting to give interest in it as security;
(g)if the copyright holder dies, a notice to that effect accompanied by a copy of the death certificate; and
(h)any other information required under the Act these Regulations or any other information that the Executive Director may consider appropriate to be recorded in the Copyright Register.
(2)The purpose of entering the particulars set out in paragraph (1) in the Copyright Register is to—
(a)maintain a record of copyright works;
(b)enable the Board to establish and maintain an effective data bank on authors and their works; and
(c)publicize the rights of the owners of works.
(3)The subsistence, enjoyment and enforceability of copyright shall be independent of whether or not it is registered under these Regulations.
(4)The following shall apply with respect to names of persons entered in the Copyright Register—
(a)if the person is a natural person, the person's surname shall be set out first followed by the given names; and
(b)if the person is not a natural person, the full name of the legal entity shall be set out.
(5)The following provisions shall apply to the addresses of the persons set out in the Copyright Register—
(a)the address shall be sufficient to allow prompt delivery by post, fax, e-mail and hand;
(b)only one set of address shall be set out for each person; and
(c)address under this regulation includes electronic mail, postal and physical addresses.
(6)Where the owner of a work wishes to have it registered in accordance with paragraph (5), he shall submit two copies of such work to the Executive Director.
(7)An application for registration of a work under this regulation shall be made on Form No. CR I and shall be accompanied by the prescribed fees set out in the Second Schedule.
(8)On receipt of an application in respect of any copyright work under paragraph (6), the Executive Director may, after making such enquiries as he may deem fit enter the particulars referred to in paragraph (1) in the Copyright Register.
(9)A certificate of registration in Form No. CR 2 shall be issued by the Executive Director in respect of an application for registration of a Copyright work made pursuant to paragraph (7).
(10)
(a)The Executive Director shall also keep and maintain such indexes of the Copyright Register as he may deem fit.
(b)The Copyright Register and indexes kept under this paragraph shall at all reasonable times be open for inspection, and any person interested shall be entitled to take copies of or make extracts from such Register or indexes on payment of the prescribed fees.
(11)The Copyright Register shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entry therein, or extracts therefrom certified by the Executive Director or any other officer authorized by the Board and sealed with the seal of the Board shall be admissible in evidence in all courts without further proof or production of the original.
(12)The Executive Director may, for good causeor upon an application by any interested party, on such conditions as he may deem fit, amend the register by—
(a)correcting any error in the name, address or other particulars of the applicant; or
(b)correcting any other error, which may have arisen in the register by accidental slip or omission.
(13)The Board may, on an application of the Executive Director or of any person aggrieved, and upon hearing the parties concerned, order the rectification of the Copyright Register by—
(a)making any entry wrongly omitted to be in the Copyright Register;
(b)expunging any entry wrongly made in, or remaining on the Copyright Register; or
(c)correcting any error or defect in the Copyright Register.
(14)Every entry made in the Copyright Register or the particulars of any work entered therein under paragraph (8), and the correction of every entry made in the Copyright Register under paragraph (13), shall be published by the Executive Director in the Gazette or in such other manner as the Board may deem fit.

9. Change of ownership

(1)An application for change of name or address of copyright holders shall be made on Form No. CR 3.
(2)An application for recordal of a licence or sub-licence shall be made on Form No. CR 4 and shall be supported by a certified copy of the licence contract.
(3)Where there is a change of ownership in respect of any copyright work pursuant to these Regulations an application for change of ownership shall be made on Form No. CR 5 supported by a certified copy of the relevant instrument effecting the change.

Part III – VERIFICATION OF ASSIGNMENT OF COPYRIGHT WORKS FROM OUTSIDE KENYA

10. Verification of assignment of copyright works from outside Kenya by the Board

(1)This regulation applies with respect to verification by the Board of an assignment of copyright work or works from outside Kenya under section 33(3) of the Act.
(2)An application to the Board for verification of an assignment of copyright works from outside Kenya shall be made on Form No. CR 6 and shall be supported by a certified copy of the deed of assignment.
(3)A letter of verification pursuant to an application under paragraph (2) shall be in Form No. CR 7.

Part IV – AUTHENTICATION OF COPYRIGHT WORKS UNDER SECTION 36 OF THE ACT

11. Authentication of copyright

(1)Every sound recording and audio-visual work imported into Kenya, intended for sale or offered for sale, rental, hiring, lending or otherwise distributed or intended for distribution to the public for commercial purposes in Kenya shall have affixed to it an authentication device:Provided that this regulation shall not apply to computer programs embodied in a sound recording or an audio-visual work.
(2)The authentication device shall—
(a)be a tamper proof sticker to be issued by the Board;
(b)be serially numbered; and
(c)be stuck on the sound recording or audio-visual work that is displayed for sale or distribution.

12. Affixation of authentication device

(1)The authentication device shall be affixed—
(a)in the case of sound recordings and audio-visual works produced in Kenya, at the point of production or at such other point as the Board may, from time to time, designate; and
(a)in the case of sound recordings and audio-visual works imported into Kenya, except where such works are exclusively for personal use, before they are released into the channels of commerce in Kenya.
(2)The authentication device shall be affixed to every medium, except a computer program, in which a sound recording or audio-visual work is embodied except computer programs.
(3)An application for authentication of copyrighworks under section 36(1) shall be made on Form No. CR 8.
(4)An application under paragraph (3) shall be accompanied by the relevant documentary evidence as proof that the author of the works or any other copyright holder of such works has authorized the manufacture or production of such sound recording or audio-visual works in Kenya.
(5)A certificate of approval issued by the Board to an applicant to purchase an authentication device from the Kenya Revenue Authority shall be in Form No. CR 9.
(6)The authentication device referred to in this regulation shall be used for—
(a)securing the right and interests of the holder of copyright and related rights;
(b)anti-piracy activities; and
(c)administering the anti-piracy security device.

Part V – FINES PAYABLE TO THE BOARD

13. Fines payable to the Board

All fines payable to the Board under section 38 (10) of the Act shall be remitted to the Board by the Court on Form No. CR 10.

Part VI – INSPECTION

14. Appointment of inspectors

(1)Inspectors appointed under section 39(1) of the Act shall carry certificates of authority while executing their duties under the Act or these Regulations.
(2)The names of all copyright inspectors appointed under section 39(1) shall be published in the Gazette.
(3)A certificate of authority issued by the Board under section 39(1) of the Act shall be in Form No. CR 11.

Part VII – REGISTRATION OF COLLECTING SOCIETIES UNDER SECTION 46 OF THE ACT

15. Application for registration of a collecting society

(1)An application for registration of a collecting society under section 46(2) of the Act shall be made on Form No. CR 12 accompanied by the following documents—
(a)a certificate of registration as a company limited by guarantee and incorporated under the provisions of the Companies Act Cap. 486
(b)a certified copy of a society's Memorandum and Articles of Association;
(c)where applicable, a certified copy of the society's annual return filed with the Registrar of Companies showing the corporate structure of the society during the period of January to December of the previous year:
(d)where applicable, audited accounts of the society for the five years preceding the date of its application for registration as a collecting society under the Act and these Regulations;
(e)a full list of the names and addresses of all the members of the society; and
(f)any other document or information that the Board may require the society to produce.
(2)A certificate of registration of a collecting society shall be in Form No. CR 13.
(3)An application for renewal of registration of a collecting society and certificate of renewal of registration of such society shall be in Form No. CR 14 and Form No. 15 respectively

Part VIII – FILING OF ANNUAL REPORTS AND AUDITED ACCOUNTS BY COLLECTING SOCIETIES UNDER SECTION 47 OF THE ACT

16. Annual reports and audited accounts

(1)This regulation applies with respect to filing of annual reports and audited accounts under section 47 of the Act.
(2)Every registered collecting society shall within three months after the end of each financial year, submit to the Board on Form No. CR 16 an annual report for that year accompanied by a copy of its audited accounts in respect of that year.
(3)The annual report referred to in paragraph (2) shall contain—
(3)The application or the appeal shall set out the relief sought and shall be accompanied by a statement of facts being relied upon and supporting evidence.
(4)The Authority shall consider the application or the appeal and, if the Authority is of the view that a prima facie case has not been made out for the relief sought, the following shall apply—
(a)the Authority shall notify the applicant or the appellant that the Authority is of the view that a prima facie case has not been made out and that the applicant or the appellant may, within thirty days after the notification, request for an opportunity to be heard;
(b)if the applicant or appellant requests for an opportunity to be heard within the time period prescribed in sub-paragraph (a), the Authority shall give the applicant or appellant such an opportunity and, if the Authority is still of the view that a prima facie case has not been made out, the Authority shall dismiss the application or the appeal; and
(c)if the applicant or the appellant does not request an opportunity to be heard within the time period prescribed in sub-paragraph (a), the Authority shall dismiss the application or the appeal.
(5)Unless the Authority dismisses an application or appeal under sub-paragraph (4) (b) or (c), the Authority shall serve a copy of the application or the appeal and the accompanying statement of facts and supporting evidence required under sub-paragraph (3), upon the Board or the collecting society within a period of 21 days.
(6)The Board or a collecting society may oppose the application or the appeal by filing with the Authority a reply in Form No. CR 19 setting out fully the grounds of its opposition.
(7)The reply shall be accompanied by a statement of the facts being relied upon and the supporting evidence.
(8)The reply shall be filed within 21 days after the date of service of the application or the appeal.
(9)The Authority shall serve a copy of the reply and the accompanying statement of facts and supporting evidence required under sub-paragraph (7) upon the applicant or appellant who made the application or the appeal within a period of 21 days of the filing of the reply.
(10)The applicant or appellant who made the application or the appeal may, within 21 days after being served under sub-paragraph (9) file with the Authority further evidence confined to matters strictly in reply.
(11)The Authority shall serve a copy of the evidence filed under sub-paragraph (10) upon the Board or the collecting society.
(12)No further evidence shall be filed except by leave or direction of the Authority.
(13)After completion of the filing of the pleadings And the evidence, the Authority shall set down the application or the appeal for hearing within thirty(30) days.
(14)Upon hearing the application or the appeal, the Appeal, the Authority shall deliver its ruling in writing within sixty (60) days.

Part X – EXTENSION OF THE APPLICATION OF THE ACT

19. Extension of the application of the Act

Pursuant to the provisions of section 49 (b) of the Act, the application of the Act is extended—
(a)in respect of literary works, musical works and artistic works to—
(i)individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of 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; and
(ii)those works and audio-visual works first published in a country which is a party to a treaty to which Kenya is also a party which provides for protection of copyright and related rights;
(b)in respect of sound recordings, and broadcasts to—
(i)individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of a country which is a party to a treaty to which Kenya is also a party and which provides for the protection of copyright and related rights; and
(ii)those sound recordings, or broadcasts made 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;
(c)in respect of audio-visual works and photographs made, first made available to the public, or first published to—
(i)individuals or bodies corporate who are citizens of, domiciled 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; and
(ii)those audio-visual works and photographs first made, 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 XI – USE OF FOLKLORE

20. Application to use folklore

(1)This regulation applies with respect to use of folklore under section 49(d) of the Act.
(2)Any person who wishes to use any folklore for commercial purposes shall submit his application to the Board on Form No. CR 20, accompanied with the fees set out in the Second Schedule.
(3)Any person who uses folklore for commercial purposes in Kenya without the permission of the Board commits an offence.
(4)Any person who—
(a)willfully misrepresents the source of an expression of folklore; or
(b)willfully distorts any expression of folklore in a manner prejudicial to the honour, dignity or cultural interests of the community in which it originates;
(5)Any person who commits an offence under it's regulation is liable on conviction, to a fine not exceeding six thousand shillings or for a term of imprisonment not exceeding six months or to both.

Part XII – GENERAL AND MISCELLANEOUS PROVISIONS

21. Copies of documents

A person who wishes to obtain a copy of a document kept by the Board shall make a request in Form No. CR 21 for a certified copy or in Form No. CR 22 for uncertified copy upon payment of the prescribed fees.

22. Copy of lost or destroyed certificate

(1)The Board may issue a copy of a lost or destroyed certificate.
(2)A request for a copy of a lost or destroyed certificate shall be in Form No. CR 23.
(3)A request for a copy of a lost or destroyed certificate shall be accompanied by a statutory declaration or an affidavit supporting the assertion that the certificate has been lost or destroyed.

23. Extension of time

(1)The Board or the Authority may extend the time for doing an act or taking proceedings, other than a time expressly provided for in the Act, on such conditions at it may specify.
(2)A request for extension of time shall be made on Form No. CR 24.

24. Signing of forms on behalf of certain bodies

(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—
(3)
(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 or the Authority 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 in full.

25. Statutory Declarations and Affidavits

The following provisions shall apply with respect to a statutory declaration or an affidavit under the Act or these Regulations—
(a)a statutory declaration or affidavit shall have a heading indicating the matter or matters to which it relates;
(b)a statutory declaration or affidavit shall be divided into consecutively numbered paragraphs, each of which shall, if possible, be confined to a single subject-matter;
(c)a statutory declaration or affidavit shall fully identify the person making it and shall set out where the person resides; and
(d)a person signing a statutory declaration or an affidavit shall disclose his competence and authority to swear the statutory declaration or the affidavit.

26. Documents to be in English or translated

(1)Documents provided to the Board under sections 21(1) and 33 (3) and shall be in English.
(2)If a copy of a document that is not in English is required to be provided to the Board or the Authority, the following shall apply—
(a)an English translation of the document shall be provided along with the copy of the 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 or the Authority believes the translation is not accurate, the Board or the Authority may refuse it and require an accurate translation; and
(e)the copy of the document shall be deemed not to have been provided until the required translation and copies are provided.

27. Repeal of former Regulations

The regulations made under the Copyright Act (Cap. 130 now repealed), are repealed.

FIRST SCHEDULE

(a)a comprehensive report of all tne society's activities during the year;
(b)a list of all its members as at the end of the financial year;
(c)the total amount of royalties collected by the society;
(d)the amount of royalties paid to each member;
(e)the amount of money spent by the society on the administration of the society and for all its operations;
(f)the name, postal and physical address of the auditors of the collecting society;
(g)the names, addresses and occupations of current officials of the society; and
(h)any other information that the Board may require.

Part IX – PROCEEDINGS BEFORE THE COMPETENT AUTHORITY

17. Application for compensation or payment of royalties

An application for compensation or for payment of royalties under section 26(1) (j), 27(2), 28(2) and (4) of the Act shall be made on Form No. CR 17 and the provisions of regulation 18 shall apply mutatis mutandis to the application for compensation or payment of royalties.

18. Application or appeal to the Authority

(1)This regulation applies with respect to an application under section 48(2) or an appeal under section 21(1) of the Act.
(2)An application or appeal under section 21(1) of the Act shall be in Form No. CR 18 and shall be filed with the Competent Authority.

SECOND SCHEDULE (r.4 (2))

FEES

L.N 26/2015, L.N 26/2015
 Description of feeAmount of feeK. Shs.CorrespondingCR Form
1.Fee for application for registration of a copyright work under regulation 8(7)600.001
2.Fee for change of name or address under regulation 9(1)100.003
3.Fee for recordal of a licence in the Copyright Register under regulation 9(2)5,000.004
4.Fee for recordal of change of ownership of a work under regulation (3)5,000.005
5.Fee for verification of an assignment of a copyright work under section 33(3) of the Act1,000.006
6.Fee for authentication of copyright work under section 36(1) of the Act500.008
7.Fee for authentication device for each copyright work10.008
8.Fee for application for registration of a collecting society under section 46(2) of the Act250,000.0012
9.Fee for an application for renewal of registration of a collecting society under regulation 15(3) based on the revenue as per the last audited accounts— 14
 (a) fifty million shillings;1 percent of revenue net of royalties 
 (b) fifty one million to one hundred and fifty million shillings;1.5 percent of revenue net of royalties 
 (c) one hundred and fifty one million to two hundred and fifty millionshillings; and2 percent of revenue net of royalties 
 (d) Over two hundred and fifty million shillings.3 percent of revenue net of royalties 
10.Fee for filing annual report and audited accounts under regulation 16(2)500.0016
11.Fee for an application for a fair compensation or royalties under section 26(1)(j), 27(2), 28(2) or (4) of the Act5,000.0017
12.Fee for application or appeal to the Authority under section 48(3) or 21(1) of the Act10,000.0018
13.Fee for reply under regulation 18(6)2,000.0019
14.Fee for application to use folklore under regulation 20(2)—10,00020
 (a) Films;10,000.00 
 (b) Broadcasting;10,000.00 
 (c) Theatre;10,000.00 
 (d) Publishing for educational property;100.00 
 (e) Research Per Piece;1,000.00 
 (f) Other Public interests per event per piece; and100.00 
 (g) Feature film on a cultural event per piece.1,000.00 
15.Fee for a certified copy of a document or extract under regulation 21500.0021
16.Fee for uncertified copy of a document or extract under regulation 21200.0022
17.Fee for a copy of a lost or destroyed certificate under regulation 22(2)500.0023
18.Fee for an application for extension of time under regulation 23(2)500.0024
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History of this document

18 September 2020
11 March 2016 this version
25 September 2015
27 March 2015
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25 February 2005
Commenced
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