(2) An assignment or testamentary disposition of copyright may be limited so as to apply only
to some of the acts which the owner of the copyright has the exclusive right to control, or to a part
only of the period of the copyright, or to a specified country or other geographical area.
(3) No assignment of copyright and no exclusive licence to do an act the doing of which is
controlled by copyright shall have effect unless it is in writing signed by or on behalf of the assignor,
or by or on behalf of the licensor, as the case may be and the written assignment of copyright shall
be accompanied by a letter of verification from the Board in the event of an assignment of copyright
works from outside Kenya.
(4) A non-exclusive licence to do an act the doing of which is controlled by copyright may be
written or oral, or may be inferred from conduct, and may be revoked at any time, but a licence
granted by contract shall not be revoked, either by the person who granted the licence or his
successor in title, except as the contract may provide, or by a further contract.
(5) An assignment, licence or testamentary disposition may be effectively granted or made in
respect of a future work, or an existing work in which copyright does not yet subsist, and the
prospective copyright in any such work shall be transmissible by operation of law as movable
property.
(6) A testamentary disposition of the material on which a work is first written or otherwise
recorded shall, in the absence of contrary indication, be taken to include the disposition of any
copyright or prospective copyright in the work which is vested in the deceased.
(7) Where an agreement for assignment of copyright does not specify the period of
assignment, the assignment shall terminate after three years.
(8) In the case of agreements regarding future works which are not specified in detail, either
party may, on giving not less than one month's notice, terminate the agreement not earlier than three
years after it was signed or such shorter period as may be agreed.
(9) A licence granted in respect of any copyright by the person who, in relation to the matters
to which the licence relates, is the owner of the copyright, shall be binding upon every successor in
title to his interest in the copyright, except a purchaser in good faith and without notice, actual or
constructive, of the licence, or a person deriving title from such purchaser and any reference in this
Act to the doing of anything in relation to any copyright, with or without the licence of the owner of
the copyright, shall be construed accordingly.
(10) Where the doing of anything is authorised by the grantee of a licence or a person
deriving title from the grantee, and it is within the terms, including any implied terms of the licence
for him to authorise it, it shall for the purpose of this Act be deemed to be done with the licence of
the grantor and of every person, if any, upon whom the licence is binding.
34.(1) An exclusive licensee and exclusive sub-licensee shall have the same rights of action
and be entitled to the same remedies, as if the licence were an assignment and those rights and
remedies shall be concurrent with the rights and remedies of the owner of the copyright under which
the licence and sub-licence were granted.