Shares

The Kenya Copyright Board (KECOBO) has invited the public and industry stakeholders to review and comment on the Proposed Copyright and Related Rights Bill 2026.

All feedback must be received by 31st March 2026. Stakeholders can submit their views through the following methods:

  • Online: The full Bill can be downloaded HERE.
  • Email: Submissions should be sent to feedback@copyright.go.ke.
  • Physical Delivery: Hard copies can be delivered to the Ag. Executive Director at the Kenya Copyright Board office, SHA Building, 5th Floor, Ragati Road, Upper Hill, Nairobi.

Here is a summary of the bill:

COPYRIGHT AND RELATED RIGHTS BILL 2026 summary

Executive Summary

The Bill represents a major shift toward a digital-first creative economy. It seeks to align Kenya’s laws with the 2010 Constitution and international treaties (such as the Marrakesh and WIPO treaties) while addressing modern challenges like online piracy, AI-driven data analysis, and digital royalty distribution.

Key institutional changes

1. Kenya Copyright Authority: The Bill upgrades KECOBO into the Kenya Copyright Authority, a body corporate with enhanced powers to regulate, search premises, and impose administrative fines.

2. Copyright Disputes Tribunal: Establishes a specialized judicial body to resolve ownership disputes, infringement claims, and appeals against the Authority’s decisions, ensuring faster justice than the traditional court system.

Core provisions & new rights

  • Digital Safe Harbors: Establishes Safe Harbor protections for online intermediaries (ISPs and platforms), provided they implement a Takedown Notice system and repeat-infringer policies.
  • Artist’s Resale Right: For the first time, visual artists will have an inalienable right to a percentage (at least 5%) of the proceeds from the commercial resale of their works.
  • Private Copying Levy: Introduces a remuneration levy on devices (phones, laptops, etc.) and digital platforms capable of reproducing works for private use.
  • Related Rights: Strengthens protections for performers, producers of sound recordings, and broadcasters, including a 70-year duration for sound recordings and audiovisual works.

Balancing rights and access

The Bill introduces modernized Exceptions and Limitations to ensure the public can still use works for specific purposes:

  • Accessible Formats: Permits the creation of copies for persons with disabilities without infringing copyright.
  • Education & Research: Provides clear Fair Dealing rules and specific allowances for text and data mining in non-commercial research.
  • Orphaned Works: Creates a legal pathway to license works where the author is unknown or untraceable.

Enforcement & penalties

  • Statutory Damages: Courts can award between Ksh. 200,000 and Ksh. 1.5 Million in lieu of actual proven losses.
  • Criminal Penalties: First-time offenders for piracy face fines up to five times the market value or imprisonment for up to seven years.
  • Site Blocking: Rights holders can apply for urgent orders to block access to infringing online locations, specifically targeting live-event piracy.

Regulation of CMOs

The Bill imposes strict transparency requirements on Collective Management Organizations (CMOs), requiring them to:

  • Use Authority-approved digital royalty systems.
  • Distribute royalties within six months of collection.
  • Publish annual financial statements and quarterly reports.