Kisumu-based artist Collins Omondi Okello, the man behind the viral sunset artwork of the late former Prime Minister Raila Odinga, has finally acquired a copyright certificate to protect it.
Taking to Facebook on Tuesday, Okello, who had already expressed interest in copyrighting the artwork, relayed that this move was to stop unscrupulous Kenyans from using the image for commercial gain without his permission.
As such, he clarified that Kenyans could still repost or reshare the artwork now copyrighted as 'Sunset of the Enigma', as long as it was not against the fair use policy.
"I finally have the certificate for the artwork. Changing the narrative one milestone at a time," he stated.
"A misconception that needs to be cleared. This is not an action against reposting or resharing or for fair use; this is to protect against unscrupulous businesspeople who use the artwork for their own commercial gain without seeking authority or following the laid-down guidelines for use of copyrighted works."
Immediately after Raila's demise, Okello created the artwork, which quickly resonated with Kenyans across the country, being used to mourn the departed statesman.
Okello, who had previously met Raila and gifted him a pencil drawing 10 years prior, makes a living selling his artworks and therefore soon started selling the signed copies of the artwork, sparking both outrage and admiration from both ends.
Printed t-shirts went for Ksh1,500, and printed caps went for Ksh900, while limited signed high-resolution epoxy mounts were sold at Ksh15,500 for A1, Ksh10,500 for A2, Ksh6,500 for A3 and Ksh3,500 for A4 size.
As such, he expressed interest in copyrighting his work, as other Kenyans had begun commercialising it, officially applying for copyright on October 23.
What This Means
The Second Schedule of the Kenya Copyright Act, amended in 2019, outlines the fair use, known as 'fair dealing' in Kenya, in which Kenyans can use copyrighted work without seeking permission from the owner.
They are divided into four categories, including general exceptions, where one can use the image for personal, non-commercial use.
Under this category, the image may be used for commentary or to report current events, provided the source is acknowledged. It can also be parodied, quoted in cases of written work, and used in court proceedings. If the work is also unintentionally included in another work, such as a billboard in the background of a film, it is not an infringement.
In Educational Institutions, Libraries or Archives and Broadcasting sections, the law allows copyrighted work to be used for educational purposes, research, reporting, and other practices as long as it is not commercialised, or rather, sold to earn a profit.
Broadcasters, for instance, can transmit works that have been made public if no licensing body is involved, and they must provide fair compensation to the rights holder.
It is, however, important to note that in case of an infringement, the courts have the final say on what is considered "fair" in any given situation, as there are no set numerical guidelines (like a specific number of words) for how much can be used.
