Copyright in Kenya arises automatically upon the creation of an original work. The Copyright Act (Cap 130 of the Laws of Kenya) does not require registration as a condition for copyright protection, and a copyright owner enjoys protection from the moment of creation. However, registration with the Kenya Copyright Board (KECOBO) provides important practical and legal benefits that make it advisable for copyright owners who wish to commercialise or enforce their rights in Kenya. This guide explains what is protected by copyright, the KECOBO registration process, copyright duration, and how registration strengthens enforcement.

What Copyright Protects in Kenya

The Copyright Act protects original works in the following categories: literary works (including books, articles, software code, databases, and scripts); musical works (the composition, excluding the sound recording); artistic works (drawings, paintings, photographs, sculptures, and architectural works); audiovisual works (films, videos, and animations); sound recordings (the recorded performance, distinct from the underlying musical work); and broadcasts. Copyright does not protect ideas, concepts, facts, or information: it protects the original expression of those ideas in a tangible form.

KECOBO Registration: Benefits and Process

KECOBO is the government body established under the Copyright Act to administer copyright law in Kenya. While registration is not mandatory for copyright protection, KECOBO registration provides the following benefits: it creates a public record of the copyright owner and the date of creation; it creates prima facie evidence of ownership that shifts the burden of proof in infringement proceedings; it enables the copyright owner to record the registration with Kenya Revenue Authority Customs for border enforcement; and it enhances the credibility of the copyright owner’s claim in licensing negotiations.

The KECOBO Registration Process

To register a copyright with KECOBO, the copyright owner must submit: a completed application form; a copy of the work (for literary works, a printed copy; for musical works, sheet music or a recording; for artistic works, a photograph or reproduction; for software, source code documentation); evidence of the date of creation (such as dated drafts, emails, or publication records); and the prescribed registration fee. The KECOBO processes applications and issues a Certificate of Copyright Registration. Registration is not retrospective but confirms the registration date.

KECOBO Fees

KECOBO registration fees vary by category of work. Literary works attract a lower fee than audiovisual works and sound recordings. The fees are prescribed by the KECOBO regulations and are updated periodically. Legal representation in the registration process is not required but is advisable for complex works, co-authored works, or works involving commissioned copyright ownership issues.

Copyright Duration in Kenya

Under the Copyright Act, copyright in literary, musical, and artistic works lasts for the life of the author plus 50 years. For anonymous or pseudonymous works, copyright lasts 50 years from publication. Sound recordings and broadcasts are protected for 50 years from the date of recording or broadcast. Audiovisual works are protected for 50 years from the date of publication or, where unpublished, from the date of creation. Works in the public domain (where copyright has expired) may be used freely without permission or payment of royalties.

Copyright Ownership and Assignment

The first owner of copyright is generally the author of the work. Where a work is created by an employee in the course of employment, the employer is the first copyright owner unless the employment contract provides otherwise. Where a work is commissioned, copyright belongs to the creator (not the commissioner) under Kenyan law unless the parties have expressly agreed otherwise in writing. This is a common source of dispute in the technology sector where software is developed by contractors or freelancers without a written IP assignment agreement.

Copyright Licensing

A copyright owner may license the right to use a work to others through an exclusive or non-exclusive copyright licence. Copyright licences for literary, musical, and artistic works in Kenya are typically administered through the Music Copyright Society of Kenya (MCSK) for music, the Kenya Publishers Association for literary works, and directly by owners for other works. Licence agreements should specify the scope of use, territory, duration, and royalty rates. KECOBO mediates disputes between copyright owners and users regarding licensing terms.

Copyright Infringement and Enforcement

Copyright infringement occurs when a person reproduces, publishes, performs, broadcasts, adapts, or distributes a protected work without the copyright owner’s authorisation. Civil remedies for infringement include injunctions, damages (or account of profits), and delivery up of infringing copies. Criminal penalties under the Copyright Act include fines and imprisonment for commercial-scale infringement. KECOBO also has powers to seize and destroy infringing goods.

Our intellectual property practice advises copyright owners on KECOBO registration, copyright licensing, assignment agreements, and infringement enforcement. For technology businesses where software copyright ownership is at issue, read our guide on software development agreements in Kenya. More information on KECOBO registration is available at the Kenya Copyright Board website.