Enforcement Updates: Completed
cases from January, 2018
By. Clarice Mideva
T
he Kenya Copyright
Board h a s p o l i c e
o c e r s w h o a re
a p p o i n t e d a s c o p y r i g h t
inspectors under and legal
counsels appointed as special
prosecutors under s.39 and s.43
o f t h e C o p y r i g h t A c t
respecvely to handle copyright
infringement cases. They work
as a team to ensure all copyright
i n f r i n g e m e n t c a s e s a r e
invesgated, taken to court and
n a l i ze d . T h e C o p y r i g ht
Inspectors conduct raids to rid
the country o the menace
caused by piracy. The reason for
the Kenya Copyright Board
conducng most of its raids on
movie shops in Kenya is that all
co py r i g hta b l e co n te nt i s
p r o t e c t e d b y t h e K e n y a
Copyright Act be it local or
internaonal, so long as the
owner of the Copyrightable
content belongs to a Country that is
a s i g n a t o r y o f t h e B e r n e
Convenon. Secon 2(6) of the
Berne Convenon obligates the
pares to the Convenon to give
works originang from other
co ntrac n g state s t h e same
protecon it accords to the work of
its naonals. The Berne Convenon
is part of the Laws of Kenya by virtue
of Arcle 2(6) of the Constuon of
Kenya, 2010.
The completed cases as from
January 2018 to date stands at
Twenty-Six (26). Many of these
cases involve oering for sale
c o p y r i g h t w o r k s w i t h o u t
authencaon device contrary to
s.36(5) as read with s.36(6) of the
Copyright Act and distribung
infringing signals contrary to
Secon 38(1)(c) as read with
Secon 38(8). This is because most
of the infringers do not acquire
licenses or distributor agreements
to distribute the copyright works.
Some even go to the extent of
downloading copyright works,
burning them in CDs and selling to
the innocent Wananchi and at the
end of the day the owner of the
work gets no royales from the
distribuon.
Twenty of these cases were
withdrawn aer the accused
persons proposed to sele the
maers out of court as encouraged
by s. 176 of the CPC which provides
that in all cases the court may
pro m ote re c on c il i ao n a n d
encourage and facilitate the
selement in an amicable way. The
Constuon of Kenya (2010),
under Arcle 159 (2)(c) also
provides that alternave forms of
dispute resoluon including
r e c o n c i l i a o n , m e d i a o n ,
arbitraon and tradional dispute
mechanisms should be promoted.
The Board has secured three (3)
convicons since January, 2018.
One of the accused persons
pleaded guilty and was sentenced
on his own plea of guilty and fined
S h s . 5 0 , 0 0 0 o r 8 m o n t h s
imprisonment. The others were
convicted and fined Shs. 60,000 or
two months imprisonment and
Shs. 4,000 respecvely.
-15-
News
Copyright
PUBLIC COMPLAINTS PROCEDURE
The Kenya Copyright Board (KECOBO) views complaints
As being key to the continuous improvement of its services.
If you have a complaint about KECOBO, its staff or the standard of
Our services please submit it via either of the
Listed complaints channels
The management promises to respond promptly and appropriately.
The Kenya Copyright Board also guarantees
Condentiality of all communications.
“Protecting Copyright, Encouraging Creativity”
#
CONTACTS:
1 KECOBO Postal
Address:
The Executive Director, Kenya Copyright Board,
P. O. Box 34670 – 00100, Nairobi.
2 KECOBO E-mails: complaints@copyight.go.ke, info@copyright.go.ke
corruption@copyright.go.ke
3 KECOBO Hotline: +254-703-885-033
4 KECOBO Office +254-20-253-3859/69,
5 Website: www.copyright.go.ke
6 Twitter: @KenyaCopyright
7 Facebook: Kenya Copyright Board
8 CAJ’s Postal
Address
The Chairperson,
Commission on Administrative Justice (CAJ),
P. O. Box 20414 – 00200, Nairobi.
9 CAJ’s E-mail: complain@ombudsman.go.ke
10 CAJ’s Office +254 - 020 – 2270000
Enforcement Activities Undertaken
Between July – September 2018
1.
Raids
Area Category Number
10
NIL
12
4
NIL
Mombasa
DSTV
1
Nairobi
Music
9
2.
Copyright Court Cases Summary
Cases pending before court
Cases pending under investigation
Cases withdrawn
Finalized cases
Referred to arbitration
Total Number
10
10
Number of Cases
Number of cases reported
Cases Investigated
7
12