Online piracy of music in Kenya: an analysis of the legal and regulatory framework as well as enforcement mechanisms in place to prevent it
Although the internet has vast advantages, online piracy of music has posed one of the biggest threats to the music industry. Right holders to music across the world are bearing the brunt of online piracy of their music as they continue to lose revenue which would have been gained had their legitimate recordings been purchased.Online digital platforms have greatly affected how copyrighted works of music are delivered to the public. Online tools have completely changed the nature of how creators share their works with the public, what they produce and how such works can be accessed by the public. Individuals can now access creative works for example music, through an increasing variety of illegitimate online platforms. This therefore necessitates the presence of strong laws combating the menace of online infringement of copyright as well as efficient enforcement bodies and mechanisms to manage and enforce copyright effectively. This paper finds that Kenya's legal, regulatory and enforcement approach to online copyright infringement is lacking. Through comparative analyses with approaches taken in South Korea and the United States of America, the author makes recommendations on how Kenya can improve its current legal, regulatory and enforcement mechanisms so as to better protect musicians from the menace that is online piracy.