Assessing the infringement of copyright in light of the defense of fair dealing in the digital age of photography
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Photography is described as the art of taking photographs of different subjects which may include people, buildings, food, cars and other objects. Photography is also referred to as an original art, and, within the Kenyan Jurisdiction, arts of a photographic nature are protected by The CA of Kenya1 as well as the CoK2• However, with the advancements in technology and the digital media age where image sharing is encouraged across different platforms, there has been an increase in the risk involved with photographs and photographer's rights being infringed upon by others. This is aggravated by the fact that there is a sense of ignorance amongst the photographer community about the law and how they can protect the rights that are given to them by the CA of Kenya as well as the CoK.