Kenya Copyright Board has today issued a statement after Kenyans raised concern saying that an international company has copyrighted the Kenyan national anthem.
The Copyright board stated that Copyright claims on Kenya National Anthem by Dewolfe Music and others are invalid. They also assured Kenyans that they are working to remedy this situation.
The concern was addressed by a Kenyan online who said that those who took credit for the Kenyan national anthem are making money off it especially on youtube where content creators cannot use it without being monitored.
The Board however clarified on the matter and stated that it is indeed true that the government has copyright for its commissioned works for up to 50 years.
The National Anthem is over 50 years and has thus fallen into public domain. However, given the place Of National Anthem in any country and the provisions of the National Flags, Emblems and Names Act (Cap 99 laws Of Kenya) there is additional protection Of the anthem against misuse and improper use.
Under that Act, the use of the National Anthem, emblems, names and other similar symbols is restricted and its use shall be subject to written permission by the minister in charge Of interior.
Copyright claims on Kenya National Anthem by Dewolfe Music and others are invalid. We are working to remedy this situation. pic.twitter.com/TCYGAXXD2X
— Kenya Copyright Board (@KenyaCopyright) February 5, 2019
Arising out of this incident, the copyright board highlighted the need to further secure the use of these national symbols by making amendments to the Copyright Act to expressly state that even where copyright in certain government works is expired, the use of such works shall still be subject to authorisation as required under the National Flags, Emblems and Names Act.
According to their statement, the alleged claim for copyright by this company or any other to the original rendition of the National Anthem cannot therefore be supported. The case Of derivative must therefore fail on the above grounds as well.
They also added that at the moment, KECOBO is studying the terms and conditions in You Tube platform with a view to requesting for take down of all content offending the National Anthem by the said company and others as well.
In addition, there are consultations between KECOBO and relevant state departments on legal and administrative measures to prevent unauthorised copyright claim on the National Anthem now and in future.