A copyright is a type of intellectual property that gives the creator of a creative work an exclusive and legal right to use, display, distribute and perform the creative work. In Kenya, we have the Copyright Act, 2001, that governs all matters in relation to copyrights, inter alia, the registration of copyrights.
Works eligible for copyright
Under the Copyright Act, the following types of works are eligible to be registered as a copyright.
- literary works;
- Musical works;
- Artistic works;
- Audio-visual works;
- Sound recordings; and
- Broadcasts.
Establishment of the Kenya Copyright Board
The act establishes the Kenya Copyright Board, who, among other things is mandated to maintain an effective data bank on authors and their works. In this regard, the Board has to keep and maintain a register of all works eligible to be registered as a copyright under this Act. To this effect, there is established a National Rights Registry, which is a department of the board. The registry is tasked with the following:
- digital registration of right holders;
- Digital registration of copyright works;
- Authentication and authorisation of consumers of copyright works;
- Media monitoring of registered copyright works;
- Tracking, monitoring and dissemination of data or logs related to access of registered copyright works; and
- Any other functions as may be assigned by the board.
Registration
Registration of a copyright is voluntary, non-registration does not negate the authors rights under the Act. However, registration is highly encouraged for the following reasons:
- it gives a public record of authors
- The certification of ownership can be used as evidence and proof of ownership, in the event a dispute arises
- The certificate can be used as a collateral to borrow funds from a lending facility
- It becomes easier to commercialise the copyright
- It makes it easier to identify the IP rights owned by corporations.
Registration Process
Registration of a copyright is done on online through the National Rights Registry Portal. To register a copyright the following steps must be followed:
- Open the following website, https://nrr.copyright.go.ke
- Then click on create an account, you may create an individual account or a corporate account.
- Depending on the type of account, you will then need to create a personal or business profile. The following information should be provided:
- Your name/Business Name
- National Identity Number/Business Registration Number
- KRA Pin Number
- Contact details
- Address
- Key in a password and click create an account.
- Verify your account by keying in the secret verifying code sent to you via SMS.
- Then sign in to your account and click on registration
- You will have to select the category of your work and fill in the required ownership details.
- Upload your work using the required format.
- Verify and submit your application for registration.
- You will get an SMS confirming the submission of the application
- Within 7 days you will be issued with a certificate which can be downloaded from the portal or from the given email address.
Registration fees is Ksh. 1,000 per work.
If you need any ass further assistance, please contact us through Felicia Solomon at felicia@mmsadvocates.co.ke or Suhaila Noorani at suhaila@mmsadvocates.co.ke or through our office at mms@mmsadvocates.co.ke