(1) Section 26 describes the nature of copyright in literary, audio-visual and musical or artistic works. It provides for the exclusive right of copyright holder to control reproduction and distribution of their works to the public; (2) Section 35 defines and describes what constitutes copyright infringement and imposes criminal liability for distribution or making available to the public protected works without a license; (3) Section 38 lists the offences and penalties for copyright infringement including the making and distribution of protected works without a license. (4) Neither the Copyright Act nor other legislation imposes specific penalties on service providers for failing to block or remove infringing content. However, the continued existence of copyright material on a website, can be construed as a continuing...
Intermediary Liability in Africa Research Papers No. 2 Independent research commissioned by the Association for Progressive Communications and supported by the Open Society Foundation and Google Africa
Center for Intellectual Property and Information Technology Law (CIPIT) at Strathmore Law School in Nairobi, Kenya, http://www.cipit.org < Kenya ICT Action Network (KICTANet), http://www.kictanet.or.ke