This archive report was first published on 8 September 2019.
On a typical Sunday morning, a colleague took a creative selfie that sparked an interesting conversation about copyright law. The photo, taken with a smartphone, raised questions about who owns the rights to such creations and how they can be protected.
With the rise of mobile phones, photography and videography have become more accessible. According to a recent study, Kenya has the highest rate of internet use through mobile phones compared to desktops, with a 90 percent mobile phone penetration rate.
Smartphones have made it possible to produce high-quality images and videos, and photo and video editing apps have further enhanced this capability. However, this has also raised concerns about copyright protection for these creations.
Copyright law protects literary works, sound and audio recordings, audio visuals, and artistic works, including photographs, videos, and 'selfies.' These works are protected for 50 years from the date of creation.
When it comes to sharing these creations on social media, the manner of usage can determine whether infringement has occurred. For example, sharing an album through WhatsApp can be considered infringement if the owner has not given permission.
While copyright protection is essential, it's also important to balance this with the intended use of social media. Overly restrictive control of one's works can stifle the fun and creativity that social media is meant to provide.
As we continue to innovate and create with our smartphones, it's essential to understand the basics of copyright law and how to protect our creations.
