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{
    "id": 768834,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/768834/?format=api",
    "text_counter": 100,
    "type": "speech",
    "speaker_name": "Hon. Muturi",
    "speaker_title": "",
    "speaker": {
        "id": 215,
        "legal_name": "Justin Bedan Njoka Muturi",
        "slug": "justin-muturi"
    },
    "content": "development and sometimes the words used in the Copyright Bill or Act do not mean the same after 16 years. For instance, 16 years ago we did not have the internet to the extent that we do now. There was no WhatsApp, Facebook or prolific enablement of sharing materials through social media. This Amendment Bill therefore brings clarity into what is meant by the Act and what is not. I will give an example. During the campaign period in my constituency, Mbeere South, I had to deal with a situation where somebody was caught playing online music. The enforcers insisted he was infringing on the rights of the copyrights whereas the music was available online. Any effort to try and demonstrate that, that music was actually availed by the artist for public display was very difficult until we stepped in. Therefore, as we protect the corporate owners, we also need to protect the consumers. These corporate owners require the consumers. So, unnecessary harassment of the consumers also stifles the copyright owners. Both of them need to be protected. This Amendment Bill therefore brings clarity that is required for both the copyright owners, consumers and enforcers. The challenge I think is with the Copyright Board of Kenya to ensure that those they send to the field are not just going there on a fishing mission, a trip to listen to anybody playing music and then claim that they are infringing the copyrights. These days there are many radio stations which are online and you can actually listen to them through the computer. If you are playing a piece of music through the computer, it does not mean that you have downloaded that piece of music illegally. A lot of it is availed for free by the copyright owners. Therefore, when we harass or when the agencies harass the consumers, the copyright owners are denied the market. The first development particularly in the audio-visual area and in music is the creativity of the artists in various areas which has also brought a lot of diversity and new vocabulary into the game. Therefore this Amendment Bill brings clarity in that it helps us to catch up with technology, new expressions and creativity that are being seen in the Kenyan society. I also want to commend the Music Copyright Society of Kenya for their creativity. They are able to think outside the box and create things we did not know before. It is up to this House to keep up with development in this sector and legislate accordingly. While supporting this Bill, I would also like to echo the sentiments of my colleague Colonel Rasso, the Member for Saku in the definition of “Director-General”. The prescription that has been given for the qualification of the Director-General of the Kenya Copyright Board to the extent where you say he has to have this degree and this qualification, I think is wrong. One, it makes it very difficult to plan succession in that organisation because then you have to line up people with the same qualifications so that they are able to take over from the Director-General. Otherwise, every time there is a vacancy; every time the Director-General steps out, you have to go out fishing for a particular person. In any case, the work of the Director-General is not technical. It is in the leadership area and leadership can be provided from all manner of professions. This House for instance is full of people with various and diverse professional qualifications that came here to bring leadership. Therefore, when we prescribe we actually precipitate a crisis in the succession and this should be avoided. I think we should look for a leader for this organisation. It is not just law; since leaders come from all manner of professions. With those few remarks, I rise to support."
}