A digital pay-TV provider, Zuku, has been fined KSh7.2 million for airing a film without permission from the owner.
On Friday, May 23, the Kenya Copyright Board (KECOBO) said Zuku, under Wananchi Group, should have sought the rights before showing the film called Pwagu.
“Broadcasters must ensure they acquire proper licences or assignment of rights before using any creative work,” the Kenya Copyright Board said.
According to the ruling by the Copyright Tribunal, the company was guilty of infringing copyright after airing the film without the consent of Kadi Medi, a film and television content production company, and Diana Mbogo, its founder and managing director.
"We find that it is not in dispute that the respondent (Wananchi Group Limited) exercised a right exclusive to the first claimant (Kadi Media) by broadcasting to the public the film Pwagu,” the tribunal stated when making its decision.
Elizabeth Lenjo, who chaired the tribunal, said the Wanainchi Group had no authorisation from the film owners to show the film.
The company has been told to pay KSh 2.21 million to Kadi Media Limited for special damages and another KSh5 million for general damages.
This case shows the problems faced by people who create content in Kenya, as many works are used without permission.
Wananchi Group said it had an agreement with Sparks Corporate Solutions, a third party, which claimed to have owned the rights to the film.
According to the tribunal, if a party claims to have acquired rights through assignment, then the party must produce the licence or assignment duly registered by the Kenya Copyright Board.
The Kenya Copyright Board explained the need for proper licensing agreements to protect the interests of content creators and promote the integrity of the creative industry in Kenya.
"The respondent is expected to know that where a party claims to own any copyright to an audio-visual work, then such party must have the requisite registration documents from KECOBO and the Kenya Film and Classification Board," the tribunal stated.
