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"id": 849422,
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"speaker_name": "Sen. Cheruiyot",
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"legal_name": "Aaron Kipkirui Cheruiyot",
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"content": "the level of providing copyright laws, that is why to date when you read about the history of theatre, all you will read is about the Greek and the different issues that they were speaking to at that particular but nothing will be mentioned about Africa yet it is a known fact that in traditional African societies, one of the ways we use to preserve our custom is through tradition folklores, plays, going for communal gatherings and through afternoon sessions where people will gather after harvesting or after work – they would sit at the village gathering centre, share in song, dance and do various forms of art but none of it was documented. To date, unfortunately, it is only towards the tail end of the 20th and the beginning of this 21st century that you can find works of literature of African descent. Therefore, it will be a great dishonor to this honorable House, should we let this injustice continue being perpetuated and look as if we, Africans, are children of a lesser god, who cannot create or produce anything. Mr. Temporary Speaker, it is extremely important for us to put in place legislation that enables us to properly celebrate creators of content that we use for entertainment, learning and other reasons that have been mentioned by speakers who have spoken before me. I want to laud the creators of the initial Copyright Act of 2001, they gave us a good legislation, which we are trying to improve and make better. There are various things that have emerged, law making as we are all aware, is a never-ending process. That is why we provide for the option of amending any Act of Parliament because, the things that you legislate today, in another five to ten years, especially for us who are living in the information age, they will be obsolete and some of those laws will not be able to serve that which it was set out to achieve. I want to believe that it is in line with that thinking that this amendment has been given to us so that we may consider amending the Copyright Amendment Bill, provide new provisions of this Act and domesticate this Marrakesh Treaty, which will enable us to facilitate access to published works for persons who are blind. Mr. Temporary Speaker, Sir, I listened to the contribution by Sen. (Dr.) Musuruve and I must say that there are number of things that I learnt from listening to her, on how those who are blind and deaf, appreciate the work of literature and different forms of art. For those of us that are not disabled, we may consider it to be a normal thing; that we listen to good music and nod our heads, watch and enjoy nice movies and read nice work of literature and feel fulfilled as persons without realizing that the disabled would also wish to enjoy this but we had not provided for the same in law. Therefore, thanks to this Marrakesh Treaty, we are now able to give a platform for them to access these works and even in avenues where there is duplication, it is done within the confines of the law and nobody can accuse them of plagiarism or duplication of the works of art that belong to other people. Mr. Temporary Speaker, there are one of two things that I have taken note of in the main Bill that is being proposed. While I do not strongly feel that it needs to be changed, I want to just bring one thing to note. First, speaking about the constitution of the board, the Bill says in subsection 11 that- ―A person shall qualify for appointment as the Executive Director of this board if he or she is an advocate of the High Court of Kenya of not less than five 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."
}