Agency eyes tougher law to stem rights violation by global websites

The Kenya Copyright Board (Kecobo) is working on new laws that will compel Internet Service Providers to block international sites that offer free downloads of local music.

The copyright agency said the move is intended to protect Kenyan artistes’ intellectual property rights.

Edward Sigei, Chief Legal Counsel at Kecobo, on Tuesday said the proposed laws will see the Copyright Act, 2001 amended.

Mr Sigei said the current copyright body does not have legal muscle to enforce the obligation, a loophole that has provided owners of such sites an opportunity to facilitate intellectual property infringement, especially in the music industry, denying hundreds of artists a rightful claim to royalties under the established procedures.

Operators will be expected to sign a contract with a content provider licensed by the telecommunications regulator, the Communications Authority of Kenya (CA) and the copyright regulator.

Musicians are paid per download either on a quarterly or semi-annual basis. For instance mobile network operators pay the content providers, who in turn pay MCSK, who write the musicians their royalty cheques.

Kecobo said it had become difficult to police those downloading music from sites such as Kickass torrent, MP3Skull and fullrip.com, which has necessitated the proposed amendment to the Act.   

“We have proposed amendment of the copyright law that will now shift the liability of intellectual property infringement to door step of Internet Service Providers,” said Mr Sigei on Tuesday.

The providers have previously protested that the job of blocking the download sites is nearly impossible, as new portals are created every day.

“We are engaging with all stakeholders and soon will hold a public consultation forum on the same,” he added.

In June Kecobo partnered with Microsoft to develop an automated system that now allows artistes, software developers and other owners of intellectual property to register their works online.

The new system, dubbed IP Hub, will replace the current manual process of registering intellectual property in Kenya, and involves downloading registration forms, paying via M-Pesa and submitting the forms at the Kecobo offices.

The IP Hub will be available across the country at Huduma Centres.