This archive report was first published on 20 November 2019.
Philo Taylor Farnsworth, a 14-year-old boy, discovered the secret to electronic television in 1926 while ploughing his family's farm in Idaho, USA. He observed how a system could break an image into horizontal lines and reassemble them into a picture at the other end, driven by electrons.
Fast forward to today, television has evolved into various forms accessible through streaming, websites, laptops, and even smartphones. Despite the changes, the Copyright Act protects broadcasts, giving broadcasters three key exclusive rights: the right to broadcast, the right to rebroadcast, and the right to create a translation or adaptation of the original work.
However, these exclusive rights are limited to Kenya. Infringing on these rights can lead to severe consequences, including fines and imprisonment. For instance, taking a photo of a broadcast without permission can infringe on the owner's copyright.
The Kenya Copyright Board (Kecobo) is responsible for prosecuting copyright infringement cases. To avoid legal liability, broadcasters must seek express permission to broadcast or modify another person's content by way of licence or assignment. A licence means that the owner will receive a regular cut in the money earned from broadcasting their work, while an assignment means that the owner has sold all the rights to the broadcast.
The current Constitution is the first in Kenya to expressly protect intellectual property, under Article 40. The World Intellectual Property Organisation (Wipo) also protects economic rights that allow the owner to draw financial reward from others' use of their works.
These laws step in to shield broadcasters from deceitful third parties who seek to exploit their work, which provides a livelihood for many.
Ms Linda Otieno, a lawyer and postgraduate student at the Kenya Institute of Mass Communication (KIMC), notes that it is essential to have permission in writing to avoid legal liability.
