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{
    "id": 768475,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/768475/?format=api",
    "text_counter": 367,
    "type": "speech",
    "speaker_name": "Hon. Washiali",
    "speaker_title": "",
    "speaker": {
        "id": 151,
        "legal_name": "Benjamin Jomo Washiali",
        "slug": "benjamin-washiali"
    },
    "content": "Kenya Copyright Board, while Clause 4 amends Section 6 by recognising the offices established under the Constitution, namely; the offices of the Principal Secretary and the Inspector-General of Police. Clause 5 amends Section 11 of the Act to provide for the appointment of an Executive Director of the Kenya Copyright Board and sets out the qualifications necessary for a person to be appointed to that office. Clause 6 of the Bill proposes to amend Section 19 of the Act to recognise the constitutional office of the Auditor-General. Clauses 7 and 8 of the Bill seek to amend the Act to provide for clarity. Clause 9 proposes to introduce a New Section 22A into the Act to provide for voluntary registration of copyrights by the owners, authors, assignees or exclusive licensees and for the Board to keep records of such persons in a publicly available register subject to such terms as the Board may determine. Clause 10 of the Bill proposes to repeal Section 26 of the Act and replace it with a new clause that expands and clarifies the extent of fair dealing in respect of copyright materials in literal, musical, artistic and audio-visual works. Clause 11 proposes to insert New Sections 26A to 26B to make provisions for artist resale rights for visual artists. Clause 12 of the Bill intends to amend Section 28 of the Act to clarify and facilitate the operationalisation of a blank tape fee in respect of the copyright in sound recordings. Clause 13 of the Bill proposes to repeal Section 29 of the Act and substitute it with a New Clause 29 that rephrases the nature of copyright in broadcast for clarity. Clause 14 of the Bill proposes to amend Section 30 of the Bill as a consequential amendment. Clause 15 of the Bill proposes to amend the Act by inserting a new Section 30B in relation to the collection and repayment of royalties. Clause 16 intends to amend Section 33 to make provision for assignments and their validity under the Act while Clause 17 amends Section 33A for clarity. Clause 18 of the Bill intends to amend Section 35 to address the rights of performers by introducing new wording in order to facilitate the collection of a blank levy fee as well as assignments and licences, in order to facilitate the compulsory licence provision. It also intends to provide for infringement by clarifying the right due. Clause 19 intends to amend the Act by introducing a new Sections 35A, 35B and 35C on the protection of Internet Service Providers (ISP) by providing for ISP liability, safe harbour take-down notices and the resultant offences. Clause 20 of the Bill proposes to amend Section 36 by introducing a new subsection dealing with the destruction of any material seized on the order of a court after the conviction of a person under the Act. Clause 21 of the Bill intends to amend Section 38 of the Act by creating new offences and providing for the objective criteria that the court shall rely on when sentencing a person who has been convicted of offences under the Act. Clause 22 of the Bill proposes to amend the Act by inserting a new Section 38A which shall provide for the copyright offences committed by corporate bodies. Clauses 24, 25 and 26 of the Bill intend to provide for the collective administration of copyright by introducing provisions on the title of the organisation reflecting the current system or position. Those proposed amendments also address corporate governance, requirements of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}