CAP. 130 Copyright [Rev. 2014] “prescribed” means prescribed by regulations made under section 49; “rebroadcasting” means simultaneous or subsequent broadcasting by one or more broadcasting authorities of the broadcast of another broadcasting authority; “rental” means the transfer of, the possession of the original or a copy of a work or sound recording for a limited period of time in return for a monetary consideration; “reproduction” means the making of one or more copies of a work in any material form and includes any permanent or temporary storage of such work in electronic or any other form; “school” has the meaning assigned to it by the Education Act (Cap. 211); “sound recording” means any exclusively aural fixation of the sounds of a performance or of other sounds, or of a representation of sounds, regardless of the method by which the sounds are fixed or the medium in which the sounds are embodied but does not include a fixation of sounds and images, such as the sound track of an audio-visual work; “technical measure” means any device, product or component incorporated into a work that effectively prevents or inhibits the infringement of any copyright or related right; “work” includes translations, adaptations, new versions, or arrangements of pre-existing works, and anthologies or collections of works which, by reason of the selection and arrangement of their content, present an original character; “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors. (2) For the purposes of this Act, the following provisions shall apply with respect to publications— (a) a work shall be taken to have been published if, but only if, copies have been issued in sufficient quantities to satisfy the reasonable requirements of the public; (b) where in the first instance a part only of a work is published, that part shall be treated for the purposes of this Act as a separate work; and (c) a publication in a country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days. PART II – ADMINISTRATION 3. Establishment and incorporation of the Board (1) There is established a Board to be known as “the Kenya Copyright Board” which shall be a body corporate with perpetual succession and a common seal and which shall be capable, in its corporate name of— (a) suing and being sued; [Issue 3] C40 - 8

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