"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;