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CopyrightNews
ISSUE 24
IMPROVING THE COPYRIGHT LEGAL FRAMEWORK
e measures that have been included
are intended to bolster transparency and
accountability by Collecting Societies as
well as enhancing the role of members in
decision making process of the societies
noting that they are private entities.
e Bill proposes greater oversight
responsibility including the power to
undertake comprehensive audits and order
inspections akin to those of the banking
sector. Other measures proposed include
power to suspend directors or managers
in certain circumstances. e tenure and
qualications of directors including the
chairman of the Collecting Societies is
regulated by this Bill.
While the process of changing the
Copyright Act is progressing well as
indicated above, the current Copyright
Regulations, 2004 is subject of review as
well.
Of immediate concern is the need to
elaborate provisions touching on Collective
Management Organizations (CMOs). In
that regard, KECOBO recently visited
seven towns to collect views touching on
the proposals.
e visits were very successful as the Board
met enthusiastic reception and received
useful proposals. A detailed analysis of
those provisions by Ms. Angela Ndambuki
can be found elsewhere in this Magazine.
I should, however, highlight that
the objectives of the dra collective
Management Organizations Regulations
is to clarify roles and responsibilities of
the member of the collecting Society to
the society; the society to the member;
and the society to the users and the Kenya
Copyright Board. ese are also informed
by the sometimes acrimonious relationship
between the above parties.
Both the Bill and the Dra Regulations
as they currently stand are products of a
consultative process and compromise. As
required by the Constitution, both the Bill
and Dra Regulations are expected to pass
through the normal process of law making
hopefully during the year.
Once the Bill and Regulations reach
Parliament, additional input from the
stakeholders will be required to ensure the
best possible provisions for the Copyright
industry go through.
KECOBO Destroys Pirated Books Worth Sh15m
By. Cyrus Kinyungu
e Kenya Copyright Board (KECOBO)
on March 31 destroyed over 50,000 pirated
books worth Sh15 million.
e books, which included High yers
series, Kidagaa, Mstahiki Meya and
Damu Nyeusi, were nabbed by copyright
inspectors in 2015 while in the process of
printing and two suspects arrested. e
case was recently concluded and the two
were convicted of the oence and ned.
KECOBO Executive Director Mr Edward
Sigei and representatives of publishers
and authors witnessed the destruction at
Kamongo Waste Paper LTD at Industrial
Area in Nairobi.
We want to make sure that these pirated
books do not go back to the market,” said
Mr Sigei.
We are in discussion with the Ministry
of Education and Kenya Publishers
Association to come up with strategies of
ensuring books are kept safe from pirates,
he said. “We are considering possibilities of
having one point of procurement instead of
having brokers.
Kenya Copyright Board, Kenya publishers
Association and booksellers, Mr Sigei
disclosed, are working together to ensure
rogue booksellers are blacklisted and those
selling pirated books denied access to
books.
He promised that Kenya Copyright Board
will do all within its powers to eliminate
infringement on authors copyright to
promote creativity.
e Kenya Copyright Amendment
Bill, which the Kenya Copyright Board
forwarded to the Aorney General awaiting
publication, is also expected to help in
ghting book piracy as it proposes tougher
nes for those convicted of the oence. It
proposes that if one is convicted, the market
value of the items pirated is multiplied two
or three times to come up with a ne.
Among the authors who witnessed the
destruction included Pauline Keya. Tony
Mochama and Adipo Sigang.
We urge teachers, parents and students to
help us in this war by not buying pirated
copies. e loss is not only for the author
and publisher, it also goes to the buyer of
pirated works because he gets substandard
goods,” noted Keya whose book Kigogo
was among pirated books seized by Kenya
Copyright Board ocers at a store in
downtown Nairobi.
cont from page 3
Workers at Kamongo Waste Paper Limited ooad a lorry om KECOBO carrying pirated book worth Sh.15M which were
recycled at the recycling plant.