Ownership In The Age Of Airwaves: Protecting Kenyan Music From Copyright Theft
The Mt Kenya Times 
By Jerameel Kevins Owuor Odhiambo
Imagine you have poured your heart into composing a song, let’s call it “Titakipula.” You’ve written the lyrics, created the melody, recorded it, and shared it with the world. The streets start humming it; the airwaves catch on. Then, to your disbelief, another person steps forward and registers “Titakipula” under their name with the Kenya Copyright Board (KECOBO), asserting ownership. Suddenly, what was once your artistic expression is being performed, monetized, and credited to someone else. This scenario, though painful, is not uncommon in Kenya’s music landscape.
Under Kenyan law, copyright protection arises automatically upon creation. The Copyright Act (Cap 130) provides that the moment an original musical work is composed and fixed, be it in writing, sound, or video ownership vests in the author. You do not need to register it for your rights to exist. This principle aligns with the Berne Convention, to which Kenya is a signatory, affirming that artistic ownership is born out of creation, not paperwork. However, while the law recognizes your rights instantly, the reality of proving and enforcing them is another matter entirely.
When a dispute arises, such as in the case of “Titakipula,” the burden of proof falls heavily on the true creator. You must show credible evidence original drafts, studio recordings, digital timestamps, witness statements, or publication history to establish authorship. Unfortunately, in an industry where ideas spread quickly and technology allows instant replication, demonstrating who created a song first can become a grueling battle. It is here that registration, though not legally required, becomes a crucial strategic tool.
First, registration provides formal evidence of ownership. When you register your work with KECOBO, you obtain an official record that bears a date and your name. This record serves as a trusted reference in court or negotiations, simplifying the process of proving that you are the rightful creator. Second, registration helps deter infringement. Potential infringers are far less likely to claim or copy your work when it is publicly documented and searchable under your name.
Third, registration strengthens your position when seeking royalties from collective management organizations such as MCSK, PRISK, or KAMP. These bodies rely on verified ownership data to distribute payments. Without registration, your earnings might be delayed, misdirected, or lost. Fourth, registration supports contractual negotiations. When engaging with producers, labels, or broadcasters, a registered copyright adds professional weight and clarity to your agreements.
Fifth, registration facilitates international protection and recognition. If your song crosses borders, perhaps gaining popularity in Tanzania, Nigeria, or the UK: your registration with KECOBO can serve as an anchor for asserting your rights under reciprocal agreements. Finally, registration helps preserve your legacy. For artists building a catalogue, registered works form part of a verifiable creative portfolio that can be passed on, licensed, or valued for future opportunities.
In the unfortunate event that another party registers your song, your course of action should be swift and decisive. File a complaint with KECOBO, providing your proof of authorship. Notify relevant CMOs to halt any unauthorized royalty collection. Where necessary, send a cease-and-desist letter and, if unresolved, take legal action in the High Court seeking an injunction, compensation, and a declaration of ownership. The law ultimately protects the creator but it favors the one who can demonstrate preparedness.
Kenya’s music industry is brimming with talent, yet also fraught with risks of misappropriation. Many artists lose their creative wealth not because they lack skill, but because they fail to formalize their rights. In the digital age, where a song can travel faster than its creator, documentation has become as important as inspiration. Protecting your art is not merely a legal formality; it is an act of self-respect and foresight.
So, as you craft your next masterpiece, remember Titakipula. Let it be more than a song; let it be a reminder that in music, creation gives you the soul of ownership but registration gives you the shield.
The writer is a legal writer and researcher
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