Copyright Amendment Bill sweeps through second Parliament reading

The Copyright (Amendment) Bill, 2021, on Thursday successfully sailed through its second reading before the National Assembly after unanimously being passed by legislators, setting the stage for its final reading next week. 

The bill, sponsored by Homa Bay Woman Representative Gladys Wanga, seeks to have artistes and creatives allotted 52 per cent of all revenue generated from ring back tunes popularly known as Skiza tunes.

As it stands, only 16 per cent of the proceeds go to artistes, while 25 per cent and 51 per cent go to the taxman and Safaricom respectively.

It also proposes that Internet Service Providers (ISPs) be barred from removing content deemed to have infringed on copyright regulations.

Current statutes stipulate that ISPs can take down such content, in 48 hours, unless they obtain a notice opposing the takedown.

The bill also proposes that ISPs be prohibited from unveiling personal information on subscribers thought to be engaging in content infringement.

It consequently wants to establish an online national portal for registration of copyright works. Once they register their works on the platform, artistes will receive proceeds from any persons who sample their works.

Speaking during the House proceedings, Wanga underscored that if enacted into law the bill, first published on October 6, 2021 and first read in Parliament on November 4, will revolutionise Kenya’s creative industry and create a level playing field for artistes in that they are guaranteed to earn more from their creative endeavours.

“The paradox is whether our artistes get to earn what they deserve and this is what the Copyright Amendment Bill seeks to deal with. We need to put our artists where they belong This is going to be revolutionary for the creative industry and our artistes. Amendments like these will change the lives of our artists,” Wanga said.

She similarly thanked President Uhuru Kenyatta and former premier Raila Odinga, who have in recent months gone out of their way to ensure that the welfare of Kenyan artistes is given priority.

Majority Leader Amos Kimunya seconded Wanga, citing that the bill is an important piece of legislature that will empower the country’s creative sector by creating a conducive operating environment for Kenyan artistes.

“We have very talented young Kenyans who have been innovative in terms of creativity but they have had the frustration of all their monies being taken by people who then intervene on their behalf,” he said.

Tharaka MP Gitonga Muragara consequently supported the bill stating that the amendment is timely since it will deter cases of content pirating prevalent in most parts of the country. 

The lobby Group Partners Against Piracy (PAP) is however opposing the amendment, specifically the proposed repeal of the ISPs provisions, over claims that it will enable the continuation of fraudulent online activities instead of addressing them entirely.