CAP. 130
Copyright
[Rev. 2014]
(6) Subject to subsections (7) and (8), the rights of an owner of a copyright in
a fixation of their performance are not infringed by the making of a single copy of
the performance for the personal and private use of the person making the copy
and in respect of such use the owner of a related right in the performance shall
have the right to receive fair compensation consisting of a royalty levied on audiovisual recording equipment or audio-visual blank media suitable for recording and
other media intended for recording, payable at the point of first sale in Kenya by the
manufacturer or importer for commercial purposes of such equipment or media.
(7) The level of the royalty payable under subsection (6) shall be agreed upon
between organizations representative of performers, manufacturers and importers
of any audio-visual recording equipment and media intended for recording, or
failing such agreement, by the Copyright Tribunal.
(8) The claims for compensation under this section shall be made through an
organization representative of performers.
[Act No. 12 of 2012, Sch.]
30A. Right to equitable remuneration for use of sound recordings and audio
visual works
(1) If a sound recording is published for commercial purposes or a reproduction
of such recording is used directly for broadcasting or other communication to the
public, or is publicly performed, a single equitable remuneration for the performer
and the producer of the sound recording shall be paid by the user through the
respective collective management organization, and the remuneration shall be
shared equally between the producer of the sound recording and the performer.
(2) If a fixation of a performance is published for commercial purposes
or a reproduction of a fixation of a performance is used for broadcasting or
other communication to the public, or is publicly performed, a single equitable
remuneration for the performer shall be paid by the user to the collective
management organization.
(3) The right of equitable remuneration under this section shall subsist from
the date of publication of the sound recording or fixed performance until the end
of the fiftieth calendar year following the year of publication, provided the sound
recording or fixed performance is still protected under section 28 and 30.
(4) For the purposes of this section, sound recordings and fixations of
performances that have been made available by wire or wireless means in such
a way that members of the public may access them from a place and a time
individually chosen by them shall be considered as if they have been published for
commercial purposes.
[Act No. 12 of 2012, Sch.]
31. First ownership of copyright
(1) Copyright conferred by sections 23 and 24 shall vest initially in the author:
Provided that where a work—
(a) is commissioned by a person who is not the author’s employer under
a contract of service; or
[Issue 3]
C40 - 20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents