7 Nov 2018 in Senate:
difficult with the learners who are visually impaired or disabled and were unable to read directly. It was becoming difficult for them to access reading material. This law was amended to give room for the publication and distribution of that material, for purpose of access by persons who are visually impaired.
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7 Nov 2018 in Senate:
I am saying with because we can write a book, such as the ones than are written in this country in the form that is accessible to persons who have the ability to read, because they are blessed with sight. The translation is now permitted under this law to facilitate access by persons who are visually impaired and make copies for that purpose, so that they can access these very important materials.
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7 Nov 2018 in Senate:
Mr. Temporary Speaker, Sir, again, this law is meant to amend the Copyright Act and provide for internet service provider liability. If you are an internet service provider and you allow your site to be misused by propagating material that are, for example, otherwise authored by Sen.(Dr.) Musuruve, but now being pretended to have been authored by Sen. Murkomen, you are now liable under this law for violating the copyright law.
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7 Nov 2018 in Senate:
This law also is to provide for resell of royalty rights and, finally, to align the Copyright Act to the Constitution. I say so because there are certain responsibilities, for example, that were for the Commissioner of Police. Under the Constitution there is no Commissioner of Police; we now have the Inspector General of Police. Where it refers to ‗Permanent Secretaries‘ we now say ‗Principal Secretaries,‘ to make it aligned to the Constitution. Since they are not substantial in that nature, I may not come to refer back to them.
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7 Nov 2018 in Senate:
I do not want to spend a lot of time because I want to allow other Members to contribute. First of all, the part of definition has given a lot of extensive definition of various issues. Allow me to refer to my notes. In the definition chapter, there is an expansion of what defines copyrighted works, so that it can accommodate matters that are related to new areas, including the internet service providers.
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7 Nov 2018 in Senate:
Secondly, there is definition of institutions that are provided for in the Basic Education Act. There are exemptions that are required to facilitate teaching in the university, so that students can photocopy materials for purposes of teaching. A book that has been bought by a university and used for teaching cannot be said to violate the copyright law. The definition of what then is a school has been expanded to accommodate vocational education and training institutions that have been captured in the Basic Education Act. We have so many other definitions that have been provided for there.
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7 Nov 2018 in Senate:
The law as of now does not give the Board of Directors of the Copyright Board the responsibility of hiring the Executive Director. The Executive Director will be hired directly by the Copyright Board. The qualification of the Executive Director has been enhanced to ensure that he must be an advocate of the High Court of Kenya of not less than five years standing. He must have at least five years of managerial experience. Also, he must have at least five years of experience in matters relating to copyright and other related matters.
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7 Nov 2018 in Senate:
Mr. Temporary Speaker, Sir, this is important so that you have an institution that will be governed by a person that is accountable to a board and not to himself, 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.
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7 Nov 2018 in Senate:
particularly because we are dealing with intellectual property protection. There is also a provision of all the decisions of the Copyright Board. The law has now been amended to ensure that we have the Copyright Tribunal in the Act. That Tribunal shall issue decisions on appeals that are related to copyright registration or copyright protection within 30 days from the date when a person appeals.
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7 Nov 2018 in Senate:
The other very innovative provisions that are necessary – previously under the law, it was not clear whether copyright owners should register. As you know - and this is important for intellectual property or persons who have studied intellectual property law – you do not have to register materials for copyright to get protection in the law. It is automatic. As soon as it is published by the owner and put in public domain, you do not have to register; but, it has become necessary to give a register of copyrighted materials so that enforcement becomes easy. There is something ...
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