NAIROBI, Kenya, Feb 16 — Authors and right holders received a significant boost in their fight against infringement of copyright online content after the Homa Bay County Woman Representative Gladys Wanga withdrew her proposed amendments to the Copyright Act.
The amendments which are contained in the Copyright Amendment Act sought to repeal internet service providers (ISPs) liability provisions and the procedure for notice and take-down.
Wanga told the National Assembly ICT Committee which is conducting public hearings on the Copyright (Amendment) Bill, 2021 that gesture comes after meeting with various sector groups who impressed on her that her proposed changes were essentially disarming them in the fight against infringement of copyright online content.
The second term MP who is currently eyeing the Homa Bay gubernatorial position however retained an amendment which seeks to ring-fence the earnings from ringback tones and establishment of National Rights Registry which are fairly justifiable.
“The proposed law seeks to amend the Copyright Act, to provide for a fair formula for sharing revenue from ring back tunes between the artists/copyright holders and telecommunications companies. It provides that the artist should get a greater share of the revenue at fifty two (52%) percent,” read the amendment.
The Bill sponsored by Wanga, was First Read on 24th November 2021, and was committed to the Committee. The Second Reading of the Bill was done on February 3 and 9. The Bill is due for the Committee of the Whole House.
Dagoretti South MP John ‘KJ’ Kiarie who appeared before the House team said creatives such as himself were opposed to withdrawn amendments because there already exists ISP provisions similar that work well.
“I am aware too that ISPs already have technical capability to deal with online threats brought about by terror, fraud, human trafficking and child pornography through joint action,” he said.
He noted that when the ICT Committee passed the amendment Act in 2019, it was to oblige the state to protect and promote Intellectual Property Rights of its citizens by upgrading the laws in line with the World Intellectual Property Organization standards.
‘KJ’ who was part of the Redykyulass comedy troupe urged fellow MPs colleagues to reject any attempts to repeal Section 35 (b) and 35 (c) noting that any gains from the increase of the earnings from ring back tones shall be wiped out through internet piracy.
“This is unfortunate considering that online entertainment content is now a significant employer of Kenyan youths who have channels on platforms that allow them to access global markets. Their copyright works are now vulnerable to theft and misappropriation,” he said.
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