Summary

Kenya has seen and is experiencing growth in its arts and creative industry. This is evidenced by the increased number of series, plays, music, and art produced and published; and the increase in support from various key stakeholders to elevate and expand the industry. Even so, there is still an awareness gap when it comes to understanding the rights that protect and govern these creative works.

Intellectual property (IP) rights protect and enhance the value of intangible assets or creations of the mind. Copyright law is a form of intellectual property right(s) that protects literary and artistic works. As such, copyright is important to the owners and users of copyrighted work. It protects the owners of copyright making it possible for them to control how and who uses their works. On the other hand, it enables 3rd parties to lawfully use copyright-protected work through authorization from the owner, or through exempted uses provided under the law. Copyright law gives the owners the exclusive right to permit 3rd parties to use, reproduce or adapt their copyrighted work for commercial gain. By copyright compensating or rewarding the owner, it incentivizes them to keep creating new work. This cycle of creation, protection, authorisation for use, and generation of new work is fostered by Copyright. Moreover, as a creative, it is important to have the necessary knowledge and tools to protect one’s work(s), and in turn, make money from them. A copyright owner should maximise their copyright, through protection, registration, use of contracts, enforcement, and monetization.

Therefore, in an effort to bridge the awareness gap, the Centre for Intellectual Property and Information Technology Law (CIPIT) has put together a copyright handbook. Authored by Cynthia Nzuki and Chebet Koros, this handbook is a simplified guide for creatives and intellectual property practitioners on copyright protection in Kenya. We hope this handbook provides sufficient information and insight into copyright law in Kenya.