(2) A broadcast shall not be eligible for copyright until it has been broadcast.
(3) A literary, musical or artistic work shall not be eligible for copyright unless
(a) sufficient effort has been expended on making the work to give it an original character;
and
(b) the work has been written down, recorded or otherwise reduced to material form.
(4) A work shall not be ineligible for copyright by reason only that the making of the work, or
the doing of any act in relation to the work, involved an infringement of copyright in some other
work.
23.(1) Copyright shall be conferred by this section on every work eligible for copyright of
which the author, or, in the case of a work of joint authorship, any of the authors is, at the time
when the work is made, a citizen of, or is domiciled or ordinarily resident in, Kenya or is a
body corporate which is incorporated under or in accordance with the laws of Kenya.
(2) The term of a copyright conferred by this section shall be calculated according to the
following table
Type of Work

1.Literary, musical or artistic work other than photographs

2.Audio-visual works and photographs

Date of Expiration of Copyright
Fifty years after the end of the
year in which the author dies.
Fifty years from the end of the
year in which the work was either made,
first made available to the public, or first
published, whichever date is the latest.

3.Sound recordings

Fifty years after the end of the
year in which the recording was made.

4.Broadcasts

Fifty years after the end of the
year in which the broadcast took place.

(3) In the case of anonymous or pseudonymous literary, musical or artistic works, the copyright
therein shall subsist until the expiration of fifty years from the end of the year in which it was first
published:
Provided that in the event of the identity of the author becoming known the term of protection
of a copyright shall be calculated in accordance with subsection (2).
(4) In the case of a work of joint authorship, reference in the preceding table to the death of
the author shall be taken to refer to the author who dies last, whether or not he is a qualified person.

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