The Creative Economy Working Group was invited to elaborate on the Memorandum of Views on Copyright (Amendment) Bill, 2017 by the Departmental Committee on Communications, Information, and Innovation.

In our Memorandum we drew attention to the fact that the proposed amendments are quite many and that they suggest the need to come up with a new law altogether.
Our submission is in three parts. Part A delves into amendments proposed under this Bill; Part B highlights sections of the current Act while Part C offers a rationale for the repeal and subsequent re-enactment of the Copyright Act.

For quite a while, copyright holders have called for a legislative framework that facilitates the growth of creative industries in Kenya. Therefore, amending the parent law in order to cater for current concerns is urgent. Currently, Kenya does not have a “National Intellectual Property Policy” which would establish the philosophical basis for creativity, guide the development of copyright law and the reform principles. As we await the development of that policy and the resultant legislation, we welcome the Amendment Bill as the interim measure. However, we strongly call for the repeal of the current Act at a future stage and the enactment of a more comprehensive re-written Bill supported by a policy framework.

The Memorandum is available for download here. Download the Memorandum.

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