[Rev. 2014] Copyright CAP. 130 “folklore” means a literary, musical or artistic work presumed to have been created within Kenya by an unidentified author which has been passed from one generation to another and constitutes a basic element of the traditional cultural heritage of Kenya and includes— (a) folktales, folk poetry and folk riddles; (b) folk songs and instrumental folk music; (c) folk dances and folk plays; and (d) the production of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalware, jewellery, handicrafts, costumes and indigenous textiles; “infringement” means any act which violates a right protected by this Act; “infringing copy” means— (a) a copy, the manufacture of which constitutes an infringement of any rights protected by this Act; or (b) where imported, a copy the manufacture of which would have constituted an infringement of such rights if manufactured in Kenya by the importer; “inspector” means an inspector appointed under section 39; “Kenya Revenue Authority” means the Kenya Revenue Authority established under the Kenya Revenue Authority Act (Cap. 469); “licence” means a lawfully granted licence permitting the doing of an act controlled by copyright; “literary work” means, irrespective of literary quality, any of the following, or works similar thereto— (a) novels, stories and poetic works; (b) plays, stage directions, film sceneries and broadcasting scripts; (c) textbooks, treatises, histories, biographies, essays and articles; (d) encyclopaedias and dictionaries; (e) letters, reports and memoranda; (f) lectures, addresses and sermons; (g) charts and tables; (h) computer programs; and (i) tables and compilations of data including tables and compilations of data stored and embodied in a computer or a medium used in conjunction with a computer, but does not include a written law or a judicial decision; “moral rights” means the rights referred to in section 32 of this Act; “Minister” means the Minister for the time being responsible for matters relating to copyright and related rights; “musical work” means any musical work, irrespective of musical quality, and includes works composed for musical accompaniment; C40 - 7 [Issue 3]

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