How the Copyright Industry in Kenya Responded to the Pandemic

As soon as Kenya confirmed its first case of COVID-19 on 13th March 2020, the country was thrown into a tail spin. Suddenly and without warning our normal way of living and working was inter-rupted. The conventional functioning of the copyright system as we knew it was disrupted on a massive scale. Following confirmation of the first COVID 19 case, the government instructed people to work from home to prevent local transmission. Social distancing became the norm, public gatherings were prohibited, schools were closed, countrywide night curfew was announced, clubs, restaurants and non-essential businesses were closed, international flights were suspended, partial lockdowns in hotspots areas were put in place and international borders were closed. This affected a large number of creatives such as visual and performing artists whose main source of income depended on social gatherings and public performances. Most artists turned to the internet to connect with their audience. But that came with its own challenges. Education was disrupted affecting the way copyright in literally works was exploited. Teaching and meetings shifted to online platforms which led to an upsurge of mobile and computer applications aimed at meeting the demand for virtual meeting platforms. According to UNESCO by the end of March 2020, at the peak of the global lockdown, in excess of 1.5 billion learners in 193 countries were directly affected by country-wide or localised closures of learning institutions. The closures happened so instantaneously and in the middle of the academic year. This left no time for teachers and students to get ready. For education to continue, it moved from face to face learning to online learning opening a new challenge and opportunities for copyright.Because of the pandemic, most galleries and shops that specialise in visual arts were closed. The Trust for Indigenous Culture and Health, a non-profit organisation in Kenya, launched an initiative to provide a platform for artists to sell their works while promoting COVID-19 health messages. The project brought together artists who created a mobile art installation in line with the theme. These artists were able to continue showcasing their work to the public. Before Covid-19, cinema enthusiasts would make long queues to buy tickets for shows, then sit in a dark room to watch either a film or theatrical performance. As cinemas and theatre halls remain closed, film screenings and theatrical performances have been limited either to digital festivals or shared watch parties using platforms such as Netflix Party or Facebook live.During the pandemic, copyright was not a priority for many people. Health and continuation of education took priority. A lot of copyright work was used over the internet without permission of the copyright owners. Some use fell under the exceptions and limitations while some were used without authority of the author out of lack of awareness, and for some, opportunistically. This gave right holders an opportunity to test the effectiveness of the new provisions of the Copyright Act on takedown notice. In the wake of the pandemic and in response to the economic crisis that affected the creative industry, the Ministry of Sports, Culture and Heritage availed Sh100 million from the Sports Fund to artists, actors and musicians to help them alleviate the strain of the pandemic. It is during this period that the Kenya Copyright Board (KECOBO) in corroboration with Collective Management Organizations (CMOs) came up with a Rights Management System (RMS) which is an ICT solution that reduces physical contact in copyright management and licensing. The RMS incorporated three modules. The national rights registry module allows one to undertake online copyright registration including uploading their works virtually; view and manage all their registered copyright works; make payment against the application where applicable and receive and print their copyright registration certificates from the comfort of their homes. Registration through this module was offered for free in the initial stages. Since the launch of the system in May 2020, there has been over 5000 certificates of registrations issued through this module as at mid October 2020. This has enabled KECOBO enrich its data bank of authors and their works.The licensing module is a self-licensing system linked to the relevant sector tariffs as well as the National Transport and Safety Authority (NTSA), Business Registration Services (BRS) and the Kenya Revenue Authority (KRA) that allows users of copyright works to secure public performance licenses online. The Media Monitoring Module makes it easy to monitor the exploitation of copyright works by broadcasting houses and collect accurate data on usage of the works hence making scientific distribution of royalties verifiable. The impact of the pandemic opened a new debate on whether copyright interventions should be put in place to enable exploitation of copyright works in times of similar crisis. These interventions would ensure the least interruption in exploitation of copyright works while safeguarding the interest of copyright owners.