CAP. 130 (d) Copyright [Rev. 2014] the communication to the public or the broadcasting of the sound recording in whole or in part either in its original form or in any form recognizably derived from the original. (2) The provisions of paragraphs (a), (f), (j) and (h) of section 26(1) shall apply mutatis mutandis to the copyright in a sound recording. (3) Subject to subsections (4) and (5), the rights of an owner of a copyright in a sound recording are not infringed by the making of a single copy of the recording for the personal and private use of the person making the copy; and in respect of such use the owner of copyright in the sound recording shall have the right to receive fair compensation consisting of a royalty levied on audio recording equipment or audio blank tape 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. (4) The level of the royalty payable under subsection (3) shall be agreed between organizations representative of producers of sound recordings and of manufacturers and importers of audio recording equipment, audio blank tape and media intended for recording or failing such agreement by the competent authority appointed under section 48. (5) All claims for compensation under this section shall be made through an organization representative of producers of sound recordings and the compensation shall be collected by the Board and distributed to the respective copyright collecting society registered under section 46. (6) Any person who, for commercial purposes, makes available any audio recording equipment for the purposes of enabling any other person to make single copies of any sound recording for his personal or private use, without payment of the royalty levied under subsection (3) shall be guilty of an offence and shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding four years or to both. [Act No. 18 of 2014.] 29. Nature of copyright in broadcasts Copyright in a broadcast shall be the exclusive right to control the doing in Kenya of any of the following acts, namely, the fixation and the rebroadcast of the whole or a substantial part of the broadcast and the communication to the public of the whole or a substantial part of a television broadcast either in its original form or in any form recognizably derived from the original, but— (a) paragraphs (a), (f), (e) and (k) of section 26(1) shall apply mutatis mutandis to the copyright in a broadcast; and (b) the copyright in a television broadcast shall include the right to control the taking of still photographs therefrom. 30. Rights of performers (1) Subject to section 30 of this Act, a performer shall have the exclusive right to carry out any of the following acts— (a) broadcast his performance except where the broadcast is made from a fixation of the performance authorized by the performer; (b) communicate to the public his performance except where the communication— (i) is made from a fixation of the performance; or [Issue 3] C40 - 18