COPYRIGHT CLAIMS ON KENYA NATIONAL ANTHEM BY DEWOLFE MUSIC AND OTHERS ARE INVALID
Our attention has been drawn to the on-going discussion in the social media concerning claims Of copyright to the Kenya National Anthem by Dewolfe Music.
The Kenya Copyright Board wishes to state it is indeed true that the government has copyright for its commissioned works for up to 50 years.
The National Anthem is over 50 years and has thus fallen into public domain. However, given the place Of National Anthem in any country and the provisions of the National Flags, Emblems and Names Act (Cap 99 laws Of Kenya) there is additional protection Of the anthem against misuse and improper use.
Under that Act, the use of the National Anthem, emblems, names and other similar symbols is restricted and its use shall be subject to written permission by the minister in charge Of interior.
Arising out of this incident, there is need to further secure the use of these national symbols by making amendments to the Copyright Act to expressly state that even where copyright in certain government works is expired, the use of such works shall still be subject to authorisation as required under the National Flags, Emblems and Names Act.
The alleged claim for copyright by this company or any other to the original rendition of the National Anthem cannot therefore be supported. The case Of derivative must therefore fail on the above grounds as well.
KECOBO is at the moment studying the terms and conditions in You Tube platform with a view to requesting for take down of all content offending the National Anthem by the said company and others as well.
In addition, there are consultations between KECOBO and relevant state departments on legal and administrative.
In addition, there are consultations between KECOBO and relevant state departments on legal and administrative measures to prevent unauthorised copyright claim on the National Anthem now and in future.
Copyright claims on Kenya National Anthem by Dewolfe Music and others are invalid. We are working to remedy this situation. pic.twitter.com/EUJPEdgeg5
— Kenya Copyright Board (@KenyaCopyright) February 5, 2019