[Rev. 2014] Copyright CAP. 130 part of the work either in its original form or in any form recognizably derived from the original; but the copyright in any such work shall not include the right to control the reconstruction of a building to which that copyright relates in the same style as the original. (3) Copyright of a computer program shall not constitute fair dealing for the purposes of paragraph (a) of subsection (1). (4) Notwithstanding the provisions of subsection (3), a person who is in lawful possession of a computer program may do any of the following acts without the authorization of the right holder whereby copies are necessary for the use of the computer program in accordance with its intended purpose— (a) to make copies of the program to the extent necessary to correct errors; or (b) to make a back-up copy; or (c) for the purpose of testing a program to determine its suitability for the person’s use; or (d) for any purpose that is not prohibited under any license or agreement whereby the person is permitted to use the program. (5) The authorization of the right holder of the program shall not be required to decompile the program, convert the program into a version expressed in different programming language, code, notation for the purpose of obtaining information needed to enable the program to operate with other programs. (6) Any copies made pursuant to this section shall be used only for the purpose for which it was made and shall be destroyed when the person’s possession of the computer program ceases to be lawful. 27. Broadcasting of works incorporated in audio-visual works (1) Where the owner of the copyright in any literary, musical or artistic work authorizes a person to incorporate the work in audio-visual works and a broadcasting authority broadcasts such works, it shall, in the absence of any express agreement to the contrary, be deemed that the owner of the copyright authorized the broadcast. (2) Notwithstanding subsection (1), where a broadcasting authority broadcasts audio-visual works in which a musical work is incorporated, the owner of the right to broadcast the musical work shall, subject to the provisions of this Act, be entitled to receive fair compensation from the broadcasting authority, and in the absence of an agreement the amount of compensation shall be determined by the competent authority appointed under section 48. 28. Nature of copyright in sound recordings (1) Subject to subsections (2) and (3), copyright in sound recordings shall be the exclusive right to control the doing in Kenya of any of the following acts in respect of the sound recording, namely— (a) the direct or indirect reproduction in any manner or form; or (b) the distribution to the public of copies by way of sale, rental, lease, hire, loan or any similar arrangements; or (c) the importation into Kenya; or C40 - 17 [Issue 3]