[Rev. 2014]
Copyright
CAP. 130
(5) Notwithstanding anything else contained in this Act copyright in works
eligible for copyright and vested in the National Museums Board of Directors or the
National Museums is conferred in perpetuity on the National Museums.
[Act No. 6 of 2006, s. 71.]
24. Copyright by reference to country of origin
(1) Copyright shall be conferred by this section on every work, other than a
broadcast which is eligible for copyright and which—
(a) being a literary, musical or artistic work or any audio-visual work, is
first published in Kenya; or
(b) being a sound recording, is made or first published in Kenya; or
(c) being a broadcast, is transmitted from transmitters situated in Kenya.
(2) Copyright conferred on a work by this section shall have the same duration
as is provided for in section 23 in relation to a similar work.
25. Copyright in works of Government and international bodies
(1) Copyright is conferred under this section on any work eligible for copyright
which has been created pursuant to a commission from the Government or such
international body or non-governmental body as may be prescribed, and on which
no copyright has been conferred under section 23(1) or 24(1).
(2) Copyright conferred by this section on a literary, musical or artistic work,
shall subsist until the end of the expiration of fifty years from the end of the year
in which it was first published.
(3) Copyright conferred by this section on any audio-visual work, photograph,
sound recording or broadcast shall have the same duration as is provided for by
section 23 in relation to a similar work.
(4) Sections 23 and 24 shall not confer copyright on works to which this section
applies.
26. Nature of copyright in literary, musical or artistic works and audio-visual
works
(1) Copyright in a literary, musical or artistic work or audio-visual work shall
be the exclusive right to control the doing in Kenya of any of the following acts,
namely the reproduction in any material form of the original work or its translation
or adaptation, the distribution to the public of the work by way of sale, rental, lease,
hire, loan, importation or similar arrangement, and the communication to the public
and the broadcasting of the whole work or a substantial part thereof, either in its
original form or in any form recognisably derived from the original; but copyright in
any such work shall not include the right to control—
(a) the doing of any of those acts by way of fair dealing for the purposes
of scientific research, private use, criticism or review, or the reporting
of current events subject to acknowledgement of the source;
(b) the reproduction and distribution of copies, or the inclusion in a film
or broadcast, of an artistic work situated in a place where it can be
viewed by the public;
C40 - 15
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