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"id": 1085892,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1085892/?format=api",
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"type": "speech",
"speaker_name": "Sen. (Dr.) Zani",
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"legal_name": "Agnes Zani",
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"content": "Madam Deputy Speaker, for example, in Dubai, they have an Arabian night where people eat at night and they feast. This is something very specific to that culture. It is possible for other people to also take it and make it their own. This is a very short amendment. It just wants to make sure that we protect what is Kenyan, especially where copyrights might hitch on some exclusivity or to the level it might not be clear to say that this is protected for posterity. This is protected in an open- ended way. Some time when these copyright’s time for deadline come, people are not aware. If you have a copyright in place and then the 50 years come and elapses, we do not know. Madam Deputy Speaker, it is the same issue we have for land. We have seen issues of land where you have a title that is being held as community land for 99 years. After 99 years because when these laws are put into place, it seems like such a long time. When the time comes after 99 years, what is meant to happen, public participation? Somebody can go and pick some people in the community. They come and do public participation and extend the lease for another 99 years whereas this was time maybe to give back the land to the community. Most of the time you might have very many laws all running at the same time, it might become difficult for us to distinguish and know what needs to happen at a particular time. On a clause by clause, this is a three clause Bill that ensures that this whole consideration is put into place. It aims to amend the National Flag, Emblems and Names Act Cap 99 Laws of Kenya to ensure the national anthem is safeguarded. The National Flag, Emblems and Names Act Cap 99 Laws of Kenya was enacted in 1963 among other laws. It prevents the improper use of the national flag and certain emblems, names, words and likeness for professional and commercial purposes and to prohibit the display of certain flags. Madam Deputy Speaker, on the other hand, we have the Copyright Act No. 12 of 2001 that makes provision for copyright in literacy, musical, artistic works, audio visuals, sound recording and other broadcasting. In Section 25 of the Copyright Act, 2001, it provides copyright in works of the Government and international bodies. The Bill, therefore, seeks to amend The National Flags, Emblems and Names Act and Copyright Act to safeguard the national anthem from abuse upon the expiry of 50 years. The Bill seeks to ensure that the national anthem copyright is vested within the Government. Madam Deputy Speaker, this becomes critical because the Copyright Act provides copyright in works of government, musical and everything. However, there can be a contradiction, especially where the Copyright Act only gives a specific timeframe for this to happen. We want this to be opened up so that it is in entirety. Looking briefly clause by clause; we have Clause 1 which gives what the amendment Bill is all about. At Clause 3(a), copyright in a national anthem, other national symbols and any works or music related to National Assembly or national symbols eligible for copyright shall vest within the government and for a long-term period. Madam Deputy Speaker, notwithstanding the provision of this Act, copyright in the national anthem and other national symbols shall be subject to the National Flags, Emblems and Names Act. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}