Copyright registration Kenya is optional, but it is worth doing. Copyright in Kenya arises automatically when an eligible original work is made, and the Copyright Act (Act 12 of 2001) does not make registration a condition of protection. What registration with the Kenya Copyright Board (KECOBO) gives you is a public record of your claim that the law treats as prima facie evidence. This guide covers what copyright protects, how the Register works, who owns a work, how long protection lasts, and what to do about infringement.
What copyright protects
The Act confers copyright on works that are eligible for it and that meet the nationality or residence conditions in section 23: the author (or, for joint authors, any one of them) must be a Kenyan citizen, be domiciled or ordinarily resident in Kenya, or be a body corporate incorporated in Kenya. The categories include literary, musical, dramatic and artistic works, audio-visual works and photographs, sound recordings and broadcasts. Computer programmes have their own provisions in section 26A. Copyright protects the expression of an idea, not the idea itself.
The Register and copyright registration Kenya offers
The Act provides for a Register of Copyright. Under the Act, all works eligible for copyright may be entered on the Register on application in the prescribed format by or on behalf of the author, owner, assignee or exclusive licensee. The Register is prima facie evidence of the particulars entered in it, and copies certified by the Board are admissible in evidence without further proof or production of the original. Its contents are open to public search on the terms the Board sets.
The Copyright (Amendment) Act of 2022 also established a National Rights Registry as an office within the Board, with functions that include the digital registration of right holders, and requires the Board to maintain an online portal for registration of copyright works. Check the Board’s current application forms, supporting documents and fees on its website before you file, since these are prescribed by the Board and can change.
Why registration helps
Copyright registration Kenya businesses carry out does not create the right, but it makes the right easier to prove. A certified extract from the Register can be produced in court, in a licensing negotiation or in a cease-and-desist exchange. If you are building a software, publishing or media business, registering your key works supports a due diligence file and shows chain of title to a buyer or investor.
Who owns the copyright
Under section 31(1), copyright vests initially in the author. There is an important exception. Where a work is commissioned by a person who is not the author’s employer under a contract of service, or is made in the course of the author’s employment under a contract of service, the copyright is deemed to be transferred to the person who commissioned the work or to the employer, subject to any agreement between the parties excluding or limiting the transfer.
That means a commissioning client or an employer is, by default, the owner under the Act, unless the contract says otherwise. This matters for software development and design, where contractors often assume they keep ownership. It is safer to settle the position in writing at the start, and to check that the written terms say what both sides think they say.
Assignment and licences
Copyright is transmissible by assignment, by licence, by testamentary disposition or by operation of law. Section 33(3) provides that no assignment of copyright and no exclusive licence has effect unless it is in writing signed by or on behalf of the assignor or licensor. An assignment or licence may be limited to some of the acts controlled by copyright, to part of the period, or to a specified country or area, so the scope clause in your agreement does real work. Section 33 contains further conditions on the validity of an assignment, so read the current text before you draft one.
Duration of copyright
The term in section 23(2) is calculated by type of work. Literary, musical, dramatic and artistic works (other than photographs) last for fifty years after the end of the year in which the author dies. Audio-visual works and photographs last fifty years from the end of the year in which the work was made, first made available to the public or first published, whichever is the latest. Sound recordings last fifty years after the end of the year in which the recording was made, and broadcasts fifty years after the end of the year of the broadcast. Anonymous and pseudonymous works last fifty years from the end of the year of first publication (section 23(3)).
Moral rights
Section 32 gives an author moral rights, including the right to be identified and to object to distortion of the work. These rights sit alongside the economic rights and are relevant when a client wants to modify a commissioned work.
Collective management of music rights
Collective management organisations (CMOs) collect and distribute royalties for many right holders, and they are regulated by KECOBO under the Copyright (Collective Management) Regulations, 2020. KECOBO’s published statement on CMO licensing for 2025 says it licensed two organisations, KAMP Copyright and Related Rights Limited and the Performing and Audiovisual Rights Society of Kenya (PAVRISK), for one year from 5 November 2025, and that other applicants, including MCSK, were not licensed. Licences are time-limited, so confirm the position on KECOBO’s website before you assume which society can license a particular repertoire.
Infringement and enforcement
Section 35 defines infringement, and Part IV also deals with internet service provider protection and takedown notices (sections 35A to 35D), Anton Piller orders (section 37) and offences and penalties for infringement (section 38). Section 38(1) lists the knowing acts that are offences, such as making infringing copies for sale or hire, selling or distributing them, and importing them into Kenya other than for private use. The remedies available in civil proceedings depend on the facts, so take advice before you send a demand or file a claim.
How We Can Help
Clay & Associates Advocates advises creators and businesses on copyright registration Kenya procedures, ownership and assignment, licensing and enforcement. Our intellectual property practice prepares assignment and commissioning agreements, advises on registration with KECOBO, and acts in infringement disputes. If your business develops software or creative content, our technology and startups team can review your contractor and employee agreements. For how we charge, see our fees page, and to discuss a matter contact us.
Sources: Copyright Act, 2001 (Kenya Law); Copyright (Collective Management) Regulations, 2020 (Kenya Law); Statement on CMOs Licensing 2025 (Kenya Copyright Board); Kenya Copyright Board.
Frequently asked questions
Do I have to register my copyright in Kenya?
No. Copyright arises automatically, but entry on the Register is prima facie evidence of the particulars entered.
Who owns a commissioned work?
Under section 31(1), copyright in a commissioned work is deemed transferred to the person who commissioned it, subject to any agreement between the parties. The same rule applies to works made in the course of employment.
How long does copyright last for a book or song?
Fifty years after the end of the year in which the author dies, under section 23(2).
Does an assignment of copyright need to be in writing?
Yes. Under section 33(3), an assignment or exclusive licence has no effect unless it is in writing signed by or on behalf of the assignor or licensor.
