Digital piracy and an analysis of the legal framework governing musical copyrights in Kenya

Maina, Joan Njeri
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Strathmore University
This research paper will be a medium within which knowledge of Intellectual property meets information technology law. The main aim is to place the issue of digital piracy in music under scrutiny and establish whether there is indeed a problem of regulation. This will mean that there will be a need to examine the laws governing digital music distribution. The paper highlights the loopholes in Kenya’s legal mechanisms aimed at regulation of the cyber space where contemporary artists make a living from the distribution of their creative works, seeing as the main method of musical packaging in the contemporary world is in digital form. Therefore, there will be an investigation of the legal loopholes that have led to the predicament of piracy and the gaps within the Kenyan law that create this problem. The effects of piracy in Kenya will be thoroughly elaborated in the later chapters of the paper which will help to illuminate on the intensity of this problem of piracy and how it actually denies artists their right to property under Article 40 of the Kenyan Constitution. The importance of this research lies in its purpose to identify the gaps in Kenyan law that allow for piracy and finally attempt to formulate plausible solutions that would finally remedy the law and lessen the instances of copyright infringement through piracy. In order to carry a comprehensive study, there will be a study of the Kenyan laws and the United States of America (USA) will act as the comparative jurisdiction.
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School