[Rev. 2014]
Copyright
CAP. 130
“folklore” means a literary, musical or artistic work presumed to have been
created within Kenya by an unidentified author which has been passed from one
generation to another and constitutes a basic element of the traditional cultural
heritage of Kenya and includes—
(a) folktales, folk poetry and folk riddles;
(b) folk songs and instrumental folk music;
(c) folk dances and folk plays; and
(d) the production of folk art, in particular drawings, paintings,
sculptures, pottery, woodwork, metalware, jewellery, handicrafts,
costumes and indigenous textiles;
“infringement” means any act which violates a right protected by this Act;
“infringing copy” means—
(a) a copy, the manufacture of which constitutes an infringement of
any rights protected by this Act; or
(b) where imported, a copy the manufacture of which would have
constituted an infringement of such rights if manufactured in Kenya
by the importer;
“inspector” means an inspector appointed under section 39;
“Kenya Revenue Authority” means the Kenya Revenue Authority
established under the Kenya Revenue Authority Act (Cap. 469);
“licence” means a lawfully granted licence permitting the doing of an act
controlled by copyright;
“literary work” means, irrespective of literary quality, any of the following,
or works similar thereto—
(a) novels, stories and poetic works;
(b) plays, stage directions, film sceneries and broadcasting scripts;
(c) textbooks, treatises, histories, biographies, essays and articles;
(d) encyclopaedias and dictionaries;
(e) letters, reports and memoranda;
(f) lectures, addresses and sermons;
(g) charts and tables;
(h) computer programs; and
(i) tables and compilations of data including tables and compilations
of data stored and embodied in a computer or a medium used in
conjunction with a computer,
but does not include a written law or a judicial decision;
“moral rights” means the rights referred to in section 32 of this Act;
“Minister” means the Minister for the time being responsible for matters
relating to copyright and related rights;
“musical work” means any musical work, irrespective of musical quality,
and includes works composed for musical accompaniment;
C40 - 7
[Issue 3]
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