Registering a copyright in Kenya is an essential step for creators who want to protect their intellectual property. Although copyright registration is voluntary, it provides legal recognition of your ownership and can serve as evidence in case of disputes. This guide will walk you through the process of registering a copyright in Kenya, the types of works that can be registered, and the rights you have as a copyright holder.
Overview of Copyright in Kenya
In Kenya, the Kenya Copyright Board (KECOBO) is the official statutory body responsible for the administration and enforcement of copyright and related rights. The board registers various types of creative works, including:
- Literary, musical, or artistic works.
- Audio-visual works.
- Sound recordings.
- Broadcasts.
Copyright registration is not mandatory, meaning that your work is protected under the Copyright Act even if you don’t register it. However, registration can be beneficial as it provides proof of ownership that can be useful in legal disputes.
Who Owns Copyright?
Copyright ownership initially belongs to the creator of the work. However, like other types of property, copyright can be transferred through sales, licenses, or inheritance. The ownership rules under the Copyright Law are as follows:
- Joint Authors: If a work has two authors, they are considered joint authors and share ownership.
- Works for Hire: If a work is created under employment or a commission, the employer or party commissioning the work typically owns the copyright, unless otherwise specified in a contract.
- Films: The principal director and film producer are considered joint authors and share the copyright ownership.
- Sound Recordings: The record producer is recognized as the copyright owner.
- Broadcasts: The broadcaster is considered the copyright holder.
- Published Editions: The publisher holds the copyright.
- Government Works: Copyright for works produced by government departments belongs to the government.
Step-by-Step Process of Registering a Copyright in Kenya
If you have a creative work that you want to register for copyright, follow these steps:
Step 1: Access the Online Registration Portal
- Visit the Kenya Copyright Board’s National Rights Registry (NRR) portal at https://nrr.copyright.go.ke/ using a desktop, laptop, or smartphone.
Step 2: Create an Account
- Choose between creating an individual account or a corporate account depending on your status.
- Fill in your personal details or the details of your company.
- Upload a copy of your creative work. This could be a manuscript, artwork, audio file, video, or any other work that you seek to protect.
Step 3: Receive a Validation Code
- After uploading your work, you will receive a validation code via email or SMS. This code is required to complete the registration process.
Step 4: Complete the Registration Process
- Enter the validation code on the portal to confirm your account.
- Log in using your new credentials and follow the prompts to finalize your registration.
Step 5: Receive Your Certificate
- Once your registration is successful, you will receive a Certificate of Registration from KECOBO within 5-7 working days. This certificate serves as official recognition of your copyright and can be used as evidence in legal proceedings.
Benefits of Copyright Registration
While Kenyan law provides protection to unregistered works, there are several benefits to registering your copyright:
- Proof of Ownership: The registration certificate serves as prima facie evidence in court, making it easier to prove ownership in case of a dispute.
- Public Record: Registration adds your work to a public database, making it easier for others to recognize your claim to the work.
- Licensing and Royalties: Registration can simplify the process of licensing your work to others and receiving royalties.
Contact Information for the Kenya Copyright Board (KECOBO)
If you need further assistance or have any questions regarding the copyright registration process, you can contact KECOBO using the details below:
- Location: 5th Floor, NHIF Building, Community, Ragati Road/Ngong Road, Nairobi.
- Phone: 0713 761 758 or 020 253 3869.
Frequently Asked Questions (FAQs)
Is copyright registration mandatory in Kenya?
No, copyright registration is not mandatory. Creators have rights to their works under the Copyright Act even without registration. However, registration can serve as legal evidence of ownership.
How long does it take to register a copyright?
The registration process usually takes 5-7 working days after submitting all required information on the portal.
What types of works can be registered?
You can register literary, musical, artistic works, sound recordings, audio-visual works, and broadcasts.
Can I register a work on behalf of a company?
Yes, you can create a corporate account and register works on behalf of a company or organization.
Does registration give me exclusive rights over my work?
Yes, as the copyright holder, you have exclusive rights to reproduce, distribute, and display your work. You can also license these rights to others and collect royalties.
Registering your copyright with the Kenya Copyright Board can provide added security and peace of mind for your creative works. While it is not a requirement, the official registration can make a significant difference when protecting your rights against infringement. With a simple online process, KECOBO has made it easier for creators, musicians, writers, and artists to safeguard their intellectual property.
