[Rev. 2014] Copyright CAP. 130 to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the competent authority may determine. (3) Where two or more persons make an application in respect of the same work, the licence shall be granted to the applicant who in the opinion of the competent authority would best serve the interests of the general public. [Act No. 18 of 2014] 34. Rights of action and remedies of exclusive licensee and sub-licensee (1) An exclusive licensee and exclusive sub-licensee shall have the same rights of action and be entitled to the same remedies, as if the licence were an assignment and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under which the licence and sub-licence were granted. (2) Before an exclusive licensee or sub-licensee institutes proceedings under subsection (1), he shall give notice in writing to the owner of the copyright concerned, of his intention to do so, and the owner may intervene in such proceedings and recover any damages he may have suffered as a result of the infringement concerned or a reasonable royalty to which he may be entitled. PART IV – INFRINGEMENT 35. Infringement (1) Copyright shall be infringed by a person who, without the licence of the owner of the copyright— (a) does, or causes to be done, an act the doing of which is controlled by the copyright; or (b) imports, or causes to be imported, otherwise than for his private and domestic use, an article which he knows to be an infringing copy. (2) The rights of a performer shall be infringed by a person who without the consent of the performer— (a) does, or causes to be done, any act specified in section 30(1); or (b) imports or causes to be imported, otherwise than for his own private or domestic use, an article which he knows would have been made contrary to section 30 had it been made in Kenya by the importer. (3) Copyright and related rights shall be infringed by a person who— (a) circumvents any effective technical measure designed to protect works; or (b) manufactures or distributes devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect works protected under this Act; or (c) removes or alters any electronic rights management information; or (d) distributes, imports, broadcasts or makes available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without the authority of the right holder. C40 - 23 [Issue 3]