19. Extension of the application of the Act.
Pursuant to the provisions of section 49 (b) of the Act, the application of the Act is
extended (a) in respect of literary works, musical works and artistic works to –
(i) individuals or bodies corporate who are citizens of, domiciled or resident in or
incorporated under the laws of a country which is a party to a treaty to which Kenya is
also a party and which provides for protection of copyright and related rights; and
(ii) those works and audio-visual works first published in a country which is a party to a
treaty to which Kenya is also a party which provides for protection of copyright and
related rights;
(iii) a country which is a party to a treaty to which Kenya is also a party and which
provides for protection of copyright and related rights; and
(iv) individuals or bodies corporate who are citizens of, domiciled in those audio-visual
works and photographs, first made available to the public or first published in a country
which is a party to a treaty to which Kenya is also a party and which provides for
protection of copyright and related rights.
PART XI - USE OF FOLKLORE
20. Application to use folklore.
(1) This regulation applies with respect to use of folklore under section 49 (d) of the Act.
(2) Any person who wishes to use any folklore for commercial purposes shall submit his
application to the Board on Form No. CR 20, accompanied with the fees set out in the
Second Schedule.
(3) Any person who uses folklore for commercial purposes in Kenya without the
permission of the Board commits an offence.
(4) Any person who –
(a) willfully misrepresents the source of an expression of folklore; or
(b) willfully distorts any expression of folklore in a manner prejudicial to the honour,
dignity or cultural interests of the community in which it originates;
commits an offence.
(5) Any person who commits an offence under this regulation is liable on conviction, to a