What is copyright?
Copyright is a legal right granted by the law of Kenya that protects original works of authorship such as literary, musical, artistic works, and computer programs.
How do I register a copyright in Kenya?
To register a copyright, you need to submit an application to the Kenya Copyright Board (KECOBO). B M Musau & Company, Advocates LLP will assist you with the registration process.
Is copyright registration mandatory in Kenya?
No, copyright protection is automatic upon creation of the work in a tangible form. However, registration provides a public record that is important for enforcement.
How long does copyright protection last in Kenya?
Copyright protection in Kenya lasts for the life of the author plus 50 years after their death for literary, musical, and artistic works.
Can I copyright an idea?
No, copyright does not protect ideas, concepts, or procedures. It only protects the expression of ideas in a tangible form.
What does copyright protect against?
Copyright protects against unauthorized use, reproduction, distribution, or adaptation of the work without the consent of the copyright owner.
What is fair use, and does it apply in Kenya?
Fair use is a legal doctrine that permits limited use of copyrighted material without requiring permission. In Kenya, there are provisions for fair dealing for purposes such as research, private use, criticism, or review.
How do I enforce my copyright if someone infringes it?
You may enforce your copyright by seeking legal remedies such as injunctions, damages, and accounts of profits. B M Musau & Company, Advocates LLP will, upon your request, represent you in such legal actions.
Can I use copyrighted material without permission if I credit the author?
No, crediting the author does not substitute for obtaining permission. You still need to seek the appropriate licenses or fall within fair dealing provisions.
How do I obtain permission to use someone else’s copyrighted work?
You must contact the copyright owner or their representative to negotiate terms for use and obtain a license.
What is the difference between copyright and trademark?
Copyright protects original works of authorship, while a trademark protects symbols, names, and slogans used to identify goods or services.
Can I copyright a name or title?
No, names or titles may not be copyrighted. However, they may be protected under trademark law if they are distinctive and used in commerce.
What should I do if I receive a notice of copyright infringement?
Contact B M Musau & Company, Advocates LLP immediately for legal advice and to determine the appropriate response.
Can I sell or transfer my copyright?
Yes, copyrights may be sold, transferred, or licensed to others. Legal documentation is required, and, B M Musau & Company, Advocates LLP will, upon your instructions, assist with this process.
Does Kenya recognize copyrights from other countries?
Yes, Kenya is a member of the Berne Convention, which means it recognizes copyrights from other member countries.
Please note that these answers are intended to provide general information and should not be taken as legal advice. For specific legal concerns or situations, clients should consult with a lawyer from B.M. Musau & Company, Advocates LLP directly.