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{
"id": 956500,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/956500/?format=api",
"text_counter": 347,
"type": "speech",
"speaker_name": "Tinderet, JP",
"speaker_title": "Hon. Julius Melly",
"speaker": {
"id": 12849,
"legal_name": "Julius Kipbiwot Melly",
"slug": "julius-kipbiwot-melly"
},
"content": "I have seen this in many instances where some individuals distort an otherwise good performance to a different thing. Because of technology and the digital era, we have seen good art being distorted. Distortion can ridicule the performer and portray the performer in bad light yet, in essence, the performer did not mean to do anything wrong. So, this Treaty is important. It is going to protect not only the performer, but also our children and the society. In essence, it will stop others with bad intentions from mutilating and portraying the audio-visual performance in bad light. As a country, we have issues with our artists. They have performed well. However, they have not been protected from international pirates who have sophisticated technology. When you look at Article 12 of the Treaty, it provides for transfer of rights. From Articles 7 to 11, it allows a contracting party to provide in its national law for the transfer of all exclusive rights of authorisation to the producer of an audiovisual fixation. The law may require that the contract be in writing and signed by both parties to the contract or by their duly authorised representatives. This is essential if you look at the rights of the performer in a foreign nation or a performer who has done well, but a contracting party wants to short-change them. If this Treaty will be ratified in this country and other countries, the rights of our performers who reside in this country and outside this country will be protected. I want to thank the Departmental Committee on Communication, Information and Innovation because this Treaty is not only going to help the audio-visual producers in Kenya, but it will generally protect the intellectual rights across the globe. As we speak, we have the Kenya Intellectual Properties Organisation (KIPO). However, we have no World International Protection Rights Organisation. This Treaty will, therefore, act on that lacuna to protect the interests of all performers across the globe. As you may know, YouTube is real. For example, whatever I am communicating right now can be viewed globally. The audio-visual performances or an individual, whether for good or for bad, have to be regulated and protected. There are a number of benefits from this Treaty. If this House approves it, it will benefit and assist us. It will boost investments by encouraging effective and well enforced copyright and related rights legislations. In Kenya, we have the Copyright Act which is assisting the local industry. At the same time, it will boost other producers globally. Those who have ideas, talents and intellect will be encouraged to invest. It will also offer performers deeper protection of the digital versions of their works. Today, one of the expensive things in the world is data. Data in our phones and other forms of storages is important. This will encourage performers. They will be protected. They will sleep knowing that their talents are taken care of. So, this is a very good Treaty. I want to urge that this Parliament ratifies, approves it and makes it part of our laws, so that it can protect the interest of our national performers, others in the region and, therefore, promote this important art of audio-visual. I beg to support. Thank you."
}