(b) to make a back-up copy; or
(c) for the purpose of testing a program to determine its suitability for the person's use; or
(d) for any purpose that is not prohibited under any license or agreement whereby the person is
permitted to use the program.
(5) The authorization of the right holder of the program shall not be required to decompile the
program, convert the program into a version expressed in different programming language, code,
notation for the purpose of obtaining information needed to enable the program to operate with other
programs.
(6) Any copies made pursuant to this section shall be used only for the purpose for which it
was made and shall be destroyed when the person's possession of the computer program ceases to be
lawful.
27. (1) Where the owner of the copy right in any literary, musical or artistic work authorizes a person
to in audio-visual incorporate the work in audio-visual works and a broadcasting authority
broadcasts such works, it shall, in the absence of any express agreement to the contrary, be deemed
that the owner of the copyright authorized the broadcast.
(2) Notwithstanding subsection (1), where a broadcasting authority broadcasts audio-visual
works in which a musical work is incorporated, the owner of the right to broadcast the musical work
shall, subject to the provisions of this Act, be entitled to receive fair compensation from the
broadcasting authority, and in the absence of an agreement the amount of compensation shall be
determined by the competent authority appointed under section 48;
28.(1) Subject to subsections (2)"and (3), copyright in sound recordings shall be the exclusive
right to control copyright in the doing in Kenya of any of the following acts in respect of the sound
recording, namely
(a) the direct or indirect reproduction in any manner or form; or
(b) the distribution to the public of copies by way of sale, rental, lease, hire, loan or any similar
arrangements; or
(c) the importation into Kenya; or
(d) the communication to the public or the broadcasting of the sound recording in whole or in part
either in its original form or in any form recognizably derived from the original.
(2) The provisions of paragraphs (a), (f). (j) and (Il) of section 26 (1) shall apply mutatis
mutandis to the copyright in a sound recording.
(3) Subject to subsections (4) and (5), the rights of an owner of a copyright in a sound
recording are not infringed by .the making of a single copy of the recording for the personal and
private use of the person making the copy; and in respect of such use the owner of copyright in the
sound recording shall have the right to receive fair compensation consisting of a royalty levied on
audio recording equipment or audio blank tape suitable for recording and other media intended for