Copyright Protection in Digital Content Creation: A Kenyan Perspective

Abstract

Copyright law, a core pillar of Intellectual Property law, is fundamental in protecting the creative expressions of the mind.The era of rapid technological development has presented platforms and mechanisms for exchange of creative works that defer territorial and geographical boundaries. This has incepted the need to shed light to the creators, consumers and wider citizenry on the concept of copyright protection in digital content creation. This paper seeks to pass this information in an accurate manner for the benefit of all.The research identified and explored the dynamics of the term ‘digital content creator’ and went further to discuss the key characteristics that embody digital content creation. By way of examining constitutional provisions, statutory legislations and case law, copyright eligibility for digital works and the framework for its protection was acknowledged. The article proceeds to dig deep into the rights of a copyright holder, the benefits of registering copyright works and the scope of infringement. The paper also seeks to identify challenges experienced in copyright protection in the digital space which include limited awareness on copyright protection, prevalent piracy, weak enforcement systems inter alia. The conclusion encompasses some recommendations to curb the challenges such as use of technical methods to mitigate piracy, creation of awareness on copyright protection and strengthening of enforcement systems