"computer" means an electronic or similar device having information-processing capabilities;
"computer program" means a set of instructions expressed in words, codes, schemes or in any
other form, which is capable, when incorporated in a medium that the computer can read, of
causing a computer to perform or achieve a particular task or result;
"communication to the public" means
(a) a live performance; or
(b) a transmission to the public of the images or sounds or both, of a work, performance or sound
recording;
"copy" means a reproduction of work in any manner or form and includes any sound or visual
recording of a work and any permanent or transient storage of a work in any medium, by computer
technology or any other electronic means;
"copyright" means copyright under this Act;
"electronic rights management information" means any information by right-holders which identifies
the work or recording;
"fixation" means the embodiment of sounds or images, or of the representation thereof from which
they can be perceived, reproduced or communicated through a device;
"folklore" means a literary, musical or artistic work presumed to have been created within Kenya by
an unidentified author which has been passed from one generation to another and constitutes a basic element
of the traditional cultural heritage of Kenya and includes
(a) folktales, folk poetry and folk riddles;
(b) folk songs and instrumental folk music;
(c) folk dances and folk plays; and
(d) the production of folk art, in particular drawings, paintings, sculptures, pottery, woodwork,
metalware, jewellery, handicrafts, costumes and indigenous textiles;
"infringement" means any act which violates a right protected by this Act;
"infringing copy" means
(a) a copy, the manufacture of which constitutes an infringement of any rights protected by
this Act; or
(b) where imported, a copy the manufacture of which would have constituted an
infringement of such rights if manufactured in Kenya by the importer;