ADVISORY ON ACKNOWLEDGEMENT OF COPYRIGHT HOLDERS
Our attention has been drawn to the widespread usage of photographs, videos, illustrations, and books from third parties in social media without sufficient acknowledgement amidst protest by the copyright owners.
Under Copyright law, authors of a copyright work have the right to be adequately acknowledged when portions of their works are used within fair dealing due to moral rights requirements.
Take note that the widely used term ‘courtesy’ e.g., ‘photo courtesy’ is NOT an acknowledgement.
An acknowledgement must clearly show name of the author and in some instances the name of the work if relevant e.g., Maasai Mara Lions, Photograph by George Gitau (Cameracrew ltd, Video by Victoria Ouma, Sihamikenya films for it sufficient. In the age social media, the author account may be added e.g., @sihamikenyafilms.
In the case of books, all contributors to a copyright work e.g., illustrators of books and other graphic material, should be clearly and sufficiently acknowledged regardless of the terms of engagement as they hold moral rights. For example, ‘Illustrations by Eliud Kamau, Kamau Graphics, Kingsway House Nairobi’ would be considered sufficient.
Graphic artists are advised to always show link to their work by embedding a digital signature or other unique mark. Similar Rights Management information e.g., watermark is now essential in the areas of photographs and videos.
The posting of portions of a book, the name of the author and publisher must be included for sufficient acknowledgement e.g. ‘My life in love, by Kimani wa Thika, Africa Grup books, Kijabe Street Nairobi’.
Nb. The names, work titles in bold are fictional. Any similarity with existing works, names, corporations is coincidental.
EDWARD SIGEI
EXECUTIVE DIRECTOR
KENYA COPYRIGHT BOARD.