Ten Years Later: Dismal Performance Scorecard for Kenya’s Copyright Office

Kenya Copyright Board KECOBO Launch

As discussed previously, this month marks the 10 year birthday of Kenya’s Copyright Office (KECOBO) and this blogger promised to rate KECOBO’s performance over the past decade. In this blogger’s humble opinion, KECOBO deserves no score higher than 4/10 for its performance in overall administration of copyright and related rights in Kenya. In arriving at this score, this blogger looks at two key result areas for KECOBO, namely fighting piracy and regulation of CMOs in Kenya.

A good starting point would be to interrogate the theory behind the creation of institutions like KECOBO in our laws. From the landmark work of Richard Posner, one may term KECOBO a public interest regulator. The public interest theory of regulation holds that institutions like KECOBO exist to correct inefficiencies and inequities in the operation of the free market. Therefore government intervention generally is assumed to benefit society as a whole rather than particular vested interests. The regulatory body is considered to represent the interest of the society in which it operates rather than the private interests of the regulators.

Read the rest of this article on the CIPIT Law Blog here.


One thought on “Ten Years Later: Dismal Performance Scorecard for Kenya’s Copyright Office

  1. Technically, KECOBO is only 5 years old as a fully fledged parastatal. Thus we are still shy of the 10 year mark. The first Board was appointed in 2003 but only became fully operational in 2008. The key result areas are enforcement of copyright and related rights, public awareness and training, review of copyright legislation, creation of a copyright database and licensing and supervision of collective management organisations. The criteria for rating KECOBO’s performance should be clear. We would be interested to know what parameters were used to arrive at the rating.

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