Presently the Copyright Register (pictured above) shows that the same audiovisual work called “MY SKOOL TV SHOW” has two separate owners who registered it almost a year apart. In a recent High Court judgment in the case of Republic v Executive Director, Kenya Copyright Board & another Ex-Parte Sugarcane Communications Ltd  eKLR, the court quashed a decision by Kenya Copyright Board (KECOBO) to cancel the copyright registration of “MY SKOOL TV SHOW” by the ex parte Applicant (Sugarcane Communications Limited). This judgment is perhaps a wake-up call for KECOBO which, unlike the Registrar of Trade Marks at Kenya Industrial Property Institute (KIPI), is not accustomed to having its decisions regarding registration of intellectual property (IP) rights challenged by courts of law.
In recent media reports here and here, Kenya Copyright Board (KECOBO) reveals that it has proposed draft legal provisions to deal with the liability of internet/online intermediaries. KECOBO Chief Legal Counsel (CLC) has been kind enough to share with this blogger a copy of the proposed draft legal provisions available here. KECOBO CLC has also indicated to this blogger that there are plans underway to hold a public forum in the coming months to discuss the draft provisions and receive comments from the public.
The Linda Ikeji Blog (LIB) commands a great deal of readership and influence in Nigeria with an average of 100 comments per blogpost and over 425,000 followers on twitter. Earlier this month, it was reported that LIB was taken down from the Google-owned “Blogger” platform and later restored by Google. Linda Ikeji disclosed that LIB was taken down following allegations of plagiarism and copyright infringement, presumably under the US Digital Millenium Copyright Act (DMCA). However Google has declined to categorically state why the blog was taken down but generally explained that: “We [Google] take violations of policies very seriously as such activities diminish the experience for our users. When we are notified of the existence of content that may violate our Terms of Service, we act quickly to review it and determine whether it actually violates our policies. If we determine that it does, we remove it immediately.”
This blogpost considers LIB’s recent experience from an intellectual property (IP) perspective and concludes that this case should be an eye-opener to bloggers, especially in Kenya.
Read the rest of this article here.