Netflix in Kenya, Africa – A Fix for Copyright Piracy?

Netflix in Kenya website screenshot homepage

This week, Netflix, the popular American multinational subscription video on demand (SVoD) internet streaming media service provider announced that it’s service has gone live globally. Kenya is among 130 countries that can now access internet streaming TV from Netflix. In Kenya, Netflix is now available via their official website: https://www.netflix.com/ke/  which means that for one monthly price Kenyan consumers can sign up to enjoy Netflix original series as well as its huge catalog of licensed TV shows and movies simultaneously with the rest of the world. As of October 2015, Netflix had 69.17 million subscribers globally, including more than 43 million in the United States of America.

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Nollywood, Rejoice: Nigerian Copyright Reform Draft 2015 Bill Published

Nigerian-Copyright-Commission-NCC

In November 2012, the Nigerian Copyright Commission (‘the Commission’) formally launched the Reform of the Copyright System. The key objective of the reform was to re-position Nigeria’s creative industries for greater growth; strengthen their capacity to compete more effectively in the global marketplace, and also enable Nigeria to fully satisfy its obligations under the various International Copyright Instruments, which it has either ratified or indicated interest to ratify.

Since the formal launch of the Reform, the Commission has undertaken a number of activities, including review and comparative analysis and case studies of similar national reform efforts; stakeholders’ consultations; collation of commentaries; and analysis of stakeholder feedback.

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Blind Opposition to Caller Ringtone Deal between Safaricom and Collecting Societies: High Court Case of Irene Mutisya & Anor v. MCSK & Anor

Robert Collymore CEO Safaricom

This blogger has recently come across Nairobi High Court Civil Case No. 262 of 2015 Irene Mutisya & Anor v. Music Copyright Society of Kenya & Anor. In this case Mutisya and another copyright owner Masivo have filed suit against Music Copyright Society of Kenya (MCSK) and mobile network operator Safaricom Limited for copyright infringement. The copyright owners filed an urgent application on 30th July 2015 for a temporary injunction to restrain Safaricom from remitting license fees to MCSK pursuant to a recently concluded license agreement for caller ring-back tones (CRBT) made available through Safaricom’s Skiza platform. The copyright owners also asked the court to restrain both Safaricom and MCSK from implementing the CRBT License Agreement pending the hearing of the application.

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Legality of Equitable Remuneration Challenged: High Court Petition of Xpedia & 4 Ors v. Attorney General & 4 Ors

equitable remuneration

Editor’s Note: On 31st July 2015, the urgent application in this Petition No.317 of 2015 dated 29th July 2015 was heard and certain interim orders were granted. A copy of the orders is available here.

This blogger has confirmed a recent media report that two content service providers and three copyright owners have jointly filed a petition challenging the constitutionality of the right to equitable remuneration under the now infamous section 30A of the Copyright Act. The Petition was filed against the Attorney General, Kenya Copyright Board (KECOBO), Kenya Association of Music Producers (KAMP), Performers Rights Society of Kenya (PRiSK) and Music Copyright Society of Kenya (MCSK).

As stated above, the crux of the Petition filed by Xpedia Management Limited, Liberty Afrika Technologies Limited, Elijah Mira, Francis Jumba and Carolyne Ndiba is that KAMP, PRiSK and MCSK should be stopped by the court from receiving or collecting royalties under section 30A of the Copyright Act in respect of works owned or claimed by the Petitioners.

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Strathmore to Host World Intellectual Property Day 2014 Events in Kenya

world ip day 2014 poster

Strathmore University’s Centre for Intellectual Property and Information Technology Law (CIPIT) has been at the centre of Kenya’s preparations for this year’s World Intellectual Property (WIP) Day celebrations on 26th April 2014. This blogger has previously discussed here the significance of this year’s WIP Day for Kenya. The programme for the day is available here. The celebrations will run from 8.30 a.m to 5.00 p.m and will involve three concurrent events, namely the IP Pavilion, the IP Workshop and the IP Moot Competition. To top it off, there will be a public screening of the award-winning film, “The Prestige”.

The IP Pavilion will be a tented area for exhibitors to carry out public outreach. Attendees of the WIP Day events will have time to visit The Pavilion and meet the various exhibitors.

The IP Workshop will delve into the theme of WIP Day 2014, which is “Movies – A Global Passion.” Speakers will include representatives from the Kenya Copyright Board, Department of Film Services, Kenya Film Commission, Kenya Film Classifications Board, Kenya Film & Television Professionals Association, and experienced Intellectual Property Lawyers in the creative industry.
Venue: Main Auditorium.
Tentative program:
9.45 – 10.45 am: Intellectual Property Rights in Film
10.45 – 11.00 am: Presentation on Copyright and Film Industry
11.30 – 1.00 pm: Discussion Forum on the Dissection of the Film Industry in Kenya

The IP Moot Competition will provide a platform for exposing law students to Intellectual Property Rights, and is the first of its kind anywhere in Kenya. The IP Moot Competition questions and rules are available here.
CIPIT has registered 18 teams from 9 law schools. The Chief Justice of the Supreme Court of Kenya will be closing the event and handing out prizes.
Venue: morning activities to be in assigned classrooms, afternoon activities in Main Auditorium.
Tentative program:
9.45 – 1.00 pm: Initial Round
1.00 – 2.00 pm: Lunch
2.00 – 3.15 pm: Semi-final Round
3.30 – 4.30 pm: Final Round
4.30 – 5.00 pm: Closing and Presentation of Prizes

CIPIT is confident that there will be a good turnout for the WIP Day events, including media coverage, participation by Kenya’s two national IP offices, KIPI and KECOBO, as well as a visit from the Chief Justice of the Supreme Court of Kenya.

This blogger salutes CIPIT, IP Checkin, Kikao IP and the entire organizing committee and looks forward to a memorable WIP Day 2014.