recording, payable at the point of first sale in Kenya by the manufacturer or importer for commercial
purposes of such equipment or media.
(4) The level of the royalty payable under subsection (3) shall be agreed between
organizations representative of producers of sound recordings and of manufacturers and importers of
audio recording equipment, audio blank tape and media intended for recording or failing such
agreement by the competent authority appointed under section 48.
(5) All claims for compensation under this section shall be made through an organization
representative of producers of sound recordings.
(6)' Any person who, for commercial purposes, makes available any audio recording
equipment for the purposes of enabling any other person to make single copies of any sound
recording for his personal or private use, without payment of the royalty levied under subsection (3)
shall be guilty of an offence and shall be liable to a fine not exceeding two hundred thousand
shillings or to imprisonment for a term not exceeding four years or to both.
29. Copyright in a broadcast shall be the exclusive right to control the doing in Kenya of any
of the following copyright in acts, namely, the fixation and the rebroadcasting of the whole or a
substantial part of the broadcast and the communication to the public of the whole or a substantial
part of a television broadcast either in its original form or in any form recognizably derived from the
original, but
(a) paragraphs (a), (f), (e) and (i) of section 26 (1) .shall apply mutatis mutandis to the copyright in a
broadcast; and
(b) the copyright in a television broadcast shall include the right to control the taking of still
photographs therefrom.
30.(1) No person shall do any of the following acts without the authorization of the performer(a) broadcast his performance except where the broadcast is made from a fixation of the
performance authorized by the performer;
(b) communicate to tl1e public his performance except where the communication
(i) is made from a fixation of the performance; or
(ii) is made from broadcast of the performance,
authorized by the performer;
(c) make a fixation of a previously unfixed performance; and
(d) reproduce a fixation of the performance in either of the following cases
(i) where the performance was initially fixed without the authorization of the performer; or