THE LAW OF ART; HOW THE LAW PROTECTS THE ARTIST AND THE MASTERPIECE.

Recently during the 2020 Mashujaa day festivities, the country was in a lockdown due to the wild untameable covid-19 virus on this, particularly prideful day. To lift our spirits and patriotism, we as a country still celebrated the holiday albeit virtually through our television screens, radios, and online devices. It’s the new age of technology accelerated by a virus that leaves us no option but to connect through our screens. The festivities were kicked off with a short film of sweeping landscapes of our country showcasing beautiful picturesque topography excellently captured to a moving beat that inspired patriotism, pride, and love of country in all.

            The bone of issue in this otherwise great story is that the amazing video we all loved was from a young content creator and youtuber dubbed Adventure Singh, whose talent for photography and film making produced such work which the television stations acquired and used without his knowledge, consent or monetary compensation. Had he not taken to social media to complain we would have been none the wiser. See, the normal course of commerce is money for service or work rendered be it in whatsoever form. In this case it was not, because unfortunately for him but fortunately for the television stations, he could not legally seek compensation or legal redress because his work was not copyrighted to belong to him. So under Kenyan law, the television stations were not obligated to pay him. It’s free stuff and there for the takers. Hence our topic for this blog post today, how does the Kenyan law in this new age of technology protect artists and content creators. What is copyright law and how does it affect the artist and his work. When and who should acquire copyright to the work produced. Who does the masterpiece belong ton

What is copyright and copyright laws?

            Copyright (Haki Miliki) is a legal right granted by the laws of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time period with the intention of enabling the creator to receive monetary compensation for their intellectual efforts.

            Copyright Act NO12 of 2001 and the amended Copyright Act of Kenya 2019 in the Kenyan constitution prevents the unauthorized copying of a work of authorship. This is however limited to the copying of the work in its entirety; one may copy an idea contained within the work.

How to acquire copyright.

1. Collect the registration forms from the Kenya Copyright Board or download them online from their website.
2. Fill in the relevant details
3. Have the forms commissioned by the commissioner of oaths
4. Attach two original copies of the work.

How long does copyright last

According to the Copyright Act 2019, copy right last fifty years from the end of year in which the work was either made, first made available to the public or first published.

Copyright infringement.

Infringement occurs when a third party performs any of the exclusive act granted to the author /rights holder without the authority of the rights holder This gives rise to both criminal and civil liability. Deliberate infringement of copyright on a commercial scale may be a criminal offence.

In conclusion, the law and government of Kenya does protect intellectual and creative property of the artist. This would however be more effective if there was more civic education on the rights of creators of original works especially in this day and age where content, creativity and talent is sprouting everywhere and being shared on a massive social platform.