Introduction: Grooving to Kenya’s musical soul

Kenya has a musical landscape as colorful and diverse as its cultural heritage! From the soulful strums of Benga to the gritty vibes of Genge, and the infectious energy of Gengetone, Afro-pop, and hip-hop, our nation creates amazing sounds. But behind every chart-topping hit or street anthem lies something just as important: intellectual property (IP). As we celebrate World Intellectual Property Day 2025 with the theme “IP and Music: Feel the Beat of IP,” it is the perfect time to dive into how Kenya’s laws protect the artists who make us dance and keep our creative spirit alive.

Kenya’s Legal Groove: Protecting the hits

The Copyright Act of Kenya offers strong protection for musical works, creating a safe space where artists can grow and succeed. This law provides several important protections:

1. Automatic protection: In Kenya, copyright protection happens instantly upon creation. The exact moment an artist records music or writes lyrics, legal protection begins without any need for formal registration.
2. Cash and credit: Kenyan law recognizes both economic rights (royalties, licensing fees) and moral rights (right to be identified as the creator and protect the work’s integrity).
3. Collective management: Organizations such as the Music Copyright Society of Kenya (MCSK) and Kenya Association of Music Producers (KAMP) collect and distribute royalties to artists.

Copyright protection covers everything that makes a song pop including the following:

• The melody and harmony (musical compositions);
• The powerful words (song lyrics);
• The actual recording (sound recordings);
• The visual storytelling (music videos); and
• The energetic stage shows (live performances).

The Kenya Copyright Board (KECOBO) acts as the guardian of these rights. They provide registration services that, while not required, offer valuable proof of ownership if disputes arise.

Beyond Copyright: The full playlist of IP

Music protection in Kenya goes beyond copyright to include:

• Trademarks protecting band names and logos.
• Patents and utility models for innovative musical instruments or production technologies.
• Trade secrets safeguarding unique production techniques.

Hiccups and High Notes: Challenges and Opportunities

Despite strong legal foundations, some challenges remain:

1. Digital piracy: Online platforms have made music more accessible but also easier to pirate. Kenya’s Copyright (Amendment) Act 2019 strengthened anti-piracy measures, including takedown procedures for infringing content.
2. Enforcement gaps: While the law provides protection, enforcement remains challenging. Education initiatives by KECOBO aim to build awareness about IP rights. Their ongoing awareness campaigns in schools and universities help young musicians understand that:
3. Creativity deserves protection
4. Proper licensing benefits the entire industry
5. Infringement harms the creative ecosystem
6. Emerging technologies: Kenya’s legal system continues to evolve, creating new opportunities for artists to protect and monetize their work. Some expected outcomes include addressing blockchain, NFTs, and AI-created music.

Conclusion: Dancing to a protected beat

As we celebrate World IP Day 2025, let us recognize that every beat, lyric, and melody represents not just artistic expression but protected intellectual property that deserves respect. Kenya’s legal framework provides the foundation for a thriving music industry where innovation can bloom.

When we respect IP rights in music, we ensure that Kenya’s unique musical voice will continue to be heard around the world for generations to come, creating economic opportunities while preserving our cultural heritage.

Feel the beat of IP—it is the rhythm that keeps our creative economy dancing!

Should you require any further information, do contact us at info@cfllegal.com.