CAP. 130
(e)
(f)
Copyright
[Rev. 2014]
sound recordings; and
broadcasts.
(2) A broadcast shall not be eligible for copyright until it has been broadcast.
(3) A literary, musical or artistic work shall not be eligible for copyright unless—
(a) sufficient effort has been expended on making the work to give it an
original character; and
(b) the work has been written down, recorded or otherwise reduced to
material form.
(4) A work shall not be ineligible for copyright by reason only that the making
of the work, or the doing of any act in relation to the work, involved an infringement
of copyright in some other work.
(5) Rights protected by copyright shall accrue to the author automatically on
affixation of a work subject to copyright in a material form, and non-registration of
any copyright work or absence of either formalities shall not bar any claim from
the author.
[Act No. 18 of 2014.]
23. Copyright by virtue of nationality or residence, and duration of copyright
(1) Copyright shall be conferred by this section on every work eligible for
copyright of which the author, or, in the case of a work of joint authorship, any of
the authors is, at the time when the work is made, a citizen of, or is domiciled or
ordinarily resident in, Kenya or is a body corporate which is incorporated under or
in accordance with the laws of Kenya.
(2) The term of a copyright conferred by this section shall be calculated
according to the following table—
(3) In the case of anonymous or pseudonymous literary, musical or artistic
works, the copyright therein shall subsist until the expiration of fifty years from the
end of the year in which it was first published:
Provided that in the event of the identity of the author becoming known the term
of protection of a copyright shall be calculated in accordance with subsection (2).
(4) In the case of a work of joint authorship, reference in the preceding table to
the death of the author shall be taken to refer to the author who dies last, whether
or not he is a qualified person.
[Issue 3]
C40 - 14
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