Commons:Copyright rules by territory/Kenya
 | This page requires updating because: Copyright law last amended in 2019, see this and this (2022 edition). In doing so, you could add a timestamp to the page.
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Copyright rules: Kenya Shortcut: COM:KENYA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create/publish + 50 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Kenya}} {{FoP-Kenya}} |
| ISO 3166-1 alpha-3 | KEN |
| Treaties | |
| Berne convention | 11 June 1993 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Kenya relevant to uploading works into Wikimedia Commons. Note that any work originating in Kenya must be in the public domain, or available under a free license, in both Kenya and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Kenya, refer to the relevant laws for clarification.
Background
The British established a protectorate in what is now Kenya in 1895, followed by the Kenya Colony in 1920. Kenya gained independence in December 1963.
Kenya has been a member of the Berne Convention since 11 June 1993 and the World Trade Organization since 1 January 1995, as well as a signatory to various other international treaties.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014) as the main copyright law enacted by the legislature of Kenya.[1] WIPO holds the text of this law in their WIPO Lex database.[2] WIPO also listed the The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 as one of the main copyright laws.[1] This defines special limitations on exploitation of traditional knowledge and cultural expressions where the author is unknown, which are seen as property of the communities of origin.[3]
General rules
Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014),
- A literary, musical or artistic work other than photographs is protected until 50 years after the end of the year in which the author dies.[Cap 130 Rev 2014 Section 23(2.1)]
- Audio-visual works and photographs are protected until 50 years from the end of the year when the work was either made, first made available to the public or first published, whichever date is latest.[Cap 130 Rev 2014 Section 23(2.2)]
- Sound recordings are protected until 50 years after the end of the year in which the recording was made.[Cap 130 Rev 2014 Section 23(2.3)]
- Broadcasts are protected until 50 years after the end of the year in which the broadcast took place.[Cap 130 Rev 2014 Section 23(2.4)]
- Anonymous or pseudonymous literary, musical or artistic works are protected until the expiration of 50 years from the end of the year in which it was first published.[Cap 130 Rev 2014 Section 23(3)]
- For a work of joint authorship, reference to the death of the author shall be taken to refer to the author who dies last, whether or not he is a qualified person.[Cap 130 Rev 2014 Section 23(4)]
- A literary, musical or artistic work created pursuant to a commission from the government is protected for 50 years since the end of the year when it was first published.[Cap 130 Rev 2014 Section 25(2)]
Traditional Knowledge and Cultural Expressions: not free
See also: Commons:Paying public domain
According to The Protection of Traditional Knowledge and Cultural Expressions Act, 2016, "cultural expressions" means any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear or are manifested, and comprise of the following forms of expressions or combinations thereof
- (a) verbal expressions including stories, epics, legends, poetry, riddles; other narratives; words, signs, names, and symbols;
- (b) musical expressions including songs and instrumental music;
- (c) expressions by movement, including dances, plays, rituals or other performances, whether or not reduced to a material form;
- (d) tangible expressions, including productions of art, drawings, etchings, lithographs, engravings, prints, photographs, designs, paintings, including body-painting, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, basketry, pictorial woven tissues, needlework, textiles, glassware, carpets, costumes; handicrafts; musical instruments, maps, plans, diagrams architectural buildings, architectural models; and architectural forms.[33/2016 Section 2]
The national government shall establish and maintain a comprehensive Traditional Knowledge Digital Repository which shall contain information relating to traditional knowledge and cultural expressions that have been documented and registered by county governments.[33/2016 Section 8(3)] The national government shall establish mechanisms that enable the communities to prevent the misappropriation, misuse or unlawful access and exploitation of traditional knowledge and cultural expressions, without prior consent.[33/2016 Section 18(4)] Where the use or exploitation is intended to be gainful, equitable remuneration or benefit-sharing, the use or exploitation is on terms determined and agreed with the relevant community and in the absence of such agreement as determined by the Cabinet Secretary in consultation with the relevant community.[33/2016 Section 18(6d)]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Kenya}} – for works whose author died more than 50 years ago (for photographs 50 years after first publication).
Freedom of panorama
See also: Commons:Freedom of panorama
OK {{FoP-Kenya}} Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2022), copyright on artistic works "does not include the right to control reproduction and distribution of copies, or the inclusion in a film or broadcast, of an artistic work situated in a place where it can be viewed by the public".[Cap 130 Rev 2022 Second Schedule A(1)(e)]
Note that the definition of artistic works under Kenyan law includes paintings, drawings, sculptures, photographs, and architecture. Furthermore, unlike freedom of panorama exemptions in some other countries, in Kenya it is not restricted to only works permanently located in a public place, and can include works in private places if viewable by the public.
Stamps
See also: Commons:Stamps
. The Copyright Act 1966 states that "any work eligible for copyright which has been created pursuant to a commission from the Government" is copyrighted "until the end of the expiration of fifty years from the end of the year in which it was first published" [1]. For stamps published more than 50 years ago (before 1 January 1974) use {{PD-Kenya|1}}.
(if prior to December 1965) per {{PD-UKGov}}
See also
Citations
- ↑ a b c Kenya Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014). Kenya (2014). Retrieved on 2018-11-04.
- ↑ The Protection of Traditional Knowledge and Cultural Expressions Act, 2016. Kenya (2016). Retrieved on 2018-11-07.