CAP. 130
Copyright
[Rev. 2014]
“prescribed” means prescribed by regulations made under section 49;
“rebroadcasting” means simultaneous or subsequent broadcasting by one
or more broadcasting authorities of the broadcast of another broadcasting
authority;
“rental” means the transfer of, the possession of the original or a copy of
a work or sound recording for a limited period of time in return for a monetary
consideration;
“reproduction” means the making of one or more copies of a work in any
material form and includes any permanent or temporary storage of such work
in electronic or any other form;
“school” has the meaning assigned to it by the Education Act (Cap. 211);
“sound recording” means any exclusively aural fixation of the sounds of a
performance or of other sounds, or of a representation of sounds, regardless of
the method by which the sounds are fixed or the medium in which the sounds
are embodied but does not include a fixation of sounds and images, such as
the sound track of an audio-visual work;
“technical measure” means any device, product or component
incorporated into a work that effectively prevents or inhibits the infringement of
any copyright or related right;
“work” includes translations, adaptations, new versions, or arrangements
of pre-existing works, and anthologies or collections of works which, by reason
of the selection and arrangement of their content, present an original character;
“work of joint authorship” means a work produced by the collaboration of
two or more authors in which the contribution of each author is not separable
from the contribution of the other author or authors.
(2) For the purposes of this Act, the following provisions shall apply with respect
to publications—
(a) a work shall be taken to have been published if, but only if, copies
have been issued in sufficient quantities to satisfy the reasonable
requirements of the public;
(b) where in the first instance a part only of a work is published, that part
shall be treated for the purposes of this Act as a separate work; and
(c) a publication in a country shall not be treated as being other than the
first publication by reason only of an earlier publication elsewhere, if
the two publications took place within a period of not more than thirty
days.
PART II – ADMINISTRATION
3. Establishment and incorporation of the Board
(1) There is established a Board to be known as “the Kenya Copyright Board”
which shall be a body corporate with perpetual succession and a common seal and
which shall be capable, in its corporate name of—
(a) suing and being sued;
[Issue 3]
C40 - 8
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