CAP. 130 Copyright (d) (e) (f) (g) (h) [Rev. 2014] audio-visual works, means the person by whom the arrangements for the making of the film were made; a broadcast, means the first broadcaster; a published edition, means the publisher of the edition; a literary, dramatic, musical or artistic work or computer program which is computer generated, means the person by whom the arrangements necessary for the creation of the work were undertaken; and a computer programmer, means the person who exercised control over the working of the program; “Board” means the Kenya Copyright Board established under section 3; “broadcast” means the transmission, by wire or wireless means, of sounds or images or both or the representations thereof, in such a manner as to cause such images or sounds to be received by the public and includes transmission by satellite; “broadcast authority” means the Kenya Broadcasting Corporation established by the Kenya Broadcasting Corporation Act (Cap. 221), or any other broadcaster authorized by or under any written law; “building” includes any structure; “competent authority” has the meaning assigned to it in section 48; “computer” means an electronic or similar device having informationprocessing capabilities; “computer program” means a set of instructions expressed in words, codes, schemes or in any other form, which is capable, when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result; “communication to the public” means— (a) a live performance; or (b) a transmission to the public, other than a broadcast, of the images or sounds or both, of a work, performance or sound recording; “copy” means a reproduction of work in any manner or form and includes any sound or visual recording of a work and any permanent or transient storage of a work in any medium, by computer technology or any other electronic means; “copyright” means copyright under this Act; “electronic rights management information” means any information by right-holders which identifies the work or recording; “fixation” means the embodiment of sounds or images, or of the representation thereof from which they can be perceived, reproduced or communicated through a device; [Issue 3] C40 - 6

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