Introduction:

Digital piracy, often referred to as online piracy, is the illegal copying or distribution of copyrighted material without permission. The type of content that is shared illegally may vary, but it often includes:

• Video games which include playing or sharing video games without proper licensing or permission from the game’s developers.
• E-books like manga or comics, but can include other written content, such as scholarly articles or journals.
• Software Applications which include downloading, sharing, or using software apps without permission from the software developer.
• Movies, TV shows & music: sharing or downloading of copyrighted material via torrents, streaming, or file-sharing sites.

In the digital age, piracy has evolved from DVDs and cracked software to sophisticated networks of illegal streaming, torrenting, and content scraping. What was once a fringe activity has become a mainstream behaviour, driven by convenience, cost, and frustration with fragmented digital ecosystems. The rise of digital piracy is not just a legal issue – it is a cultural, economic, and technological phenomenon.

Reasons why digital piracy is becoming popular

• Price hikes and advertising

Expectation versus reality: Streaming was marketed as a cheaper, ad-free alternative to cable. Now with the rising subscription costs and ads, users feel cheated.

Piracy’s appeal: If one is paying and still watching ads, piracy starts to look like a better deal which is free and uninterrupted.

• Password sharing restrictions

Loss of access: Many users relied on shared accounts to access content affordably, but new restrictions have severed that access.

Piracy’s response: Rather than paying for a new subscription, some users turn to torrents or illegal streaming to regain access.

• Improved technology & accessibility

Piracy used to be risky but today, it is fast, secure, and surprisingly user-friendly. With high-speed internet, VPNs, and clean torrenting tools, users can bypass malware and stream or download content with ease. The barrier to entry has all but vanished.

• Overwhelming amount of content

There is an overwhelming amount of content but most of it goes unwatched. Users do not want to pay for entire libraries just to access one show. Piracy offers a pick-and-choose model where you get what you want and skip the rest.

The risks of digital piracy

Participating in digital piracy exposes you to serious consequences, including significant fines and imprisonment.

The common risks associated with pirated content are;

• Malware, viruses, and phishing

Files containing movies, music, or other forms of media, are at a higher risk of being infected with malware and increasing the risk of phishing and other social engineering scams.

• Data theft

Fraudulent websites use psychological techniques by tempting users with what they want; all they have to do is enter their login details and financial information to access it. They use the login details to gain access to other accounts or use them to carry out financial scams.

• Economic impact

Creators lose income and control over their work and brands suffer reputational harm from poor-quality pirated versions.

How creators can protect their work from piracy

• Watermarking your content

Photographers and designers can embed visible or invisible watermarks to assert ownership and promote their brand.

• Use of Digital Rights Management Software (DRM)

DRM has several methods to prevent unauthorized distribution of content, including:

Encryption: Anyone who downloads the content illegally cannot view its contents because they do not have the decryption key.

Rights Management: DRM defines the rights of who can access the content and sets limitations. For example, an author will only make the introduction of a book available for free.

Access Control: Users will need some type of authentication, such as a passcode, device, or biometric authentication, to gain access.

License Management: Users can purchase a license linked to their device to limit access.

• Creating secure servers and websites

A secure website requires firewalls, encryption, and access controls to protect your content from being illegally accessed, downloaded, and shared by unauthorized users.

Having these security measures in place also provides you with valuable legal backup to combat digital piracy. If cybercriminals attempt to hack your website, your security systems will provide the necessary evidence to take legal action against unauthorized distribution.

Copyright law and enforcement in Kenya

Kenya has established a strong legal framework to protect creators from digital piracy. The foundation of this framework is the Copyright Act No. 12 of 2001 (Revised Edition 2022) and further supported by the Copyright Regulations of 2020. These laws grant creators exclusive rights over their original works, including literary, musical, artistic, and digital content. They also define clear rules for reproduction, distribution, and public performance.

Enforcement is led by the Kenya Copyright Board (KECOBO) which manages registration, licensing, and public education. KECOBO works with agencies such as the Kenya Revenue Authority (KRA) and the Directorate of Criminal Investigations (DCI) to investigate and prosecute copyright violations. Kenya is also a member of international treaties such as the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights, which help align its copyright standards with global practices.

Despite these efforts, enforcement faces challenges due to limited resources, low public awareness, and the global nature of digital piracy. To improve effectiveness, it is important to strengthen institutional capacity, simplify licensing procedures, and invest in digital monitoring technologies.

Practical strategies beyond cybersecurity

Although watermarking and digital rights management (DRM) are useful, creators can adopt additional strategies to protect their work and succeed in the digital economy:

• Flexible licensing models that provide tiered access, such as free samples, pay-per-use options, or subscription plans, to attract a wider audience and reduce the appeal of piracy.
• Blockchain for content tracking verifies ownership of digital assets to improve transparency and reduce unauthorized sharing.
• Platform partnerships with streaming services and online marketplaces to implement automated systems that detect and remove pirated content quickly.
• Consumer education campaigns that promote awareness of the value of creative work and the risks of piracy, especially among young and digitally active audiences.
• Policy advocacy fosters collaboration with policymakers to secure tax incentives, grants, and subsidies that support digital innovation and protect content.

These strategies help creators protect their intellectual property while building sustainable business models that reflect the realities of the digital age.

Conclusion:

Digital piracy is not a legal challenge; it is a reflection of unmet needs within the digital ecosystem. Rather than focusing solely on punishment, thought leaders ought to prioritize innovation, empathy, and collaboration. Creators should protect their work through watermarking and digital rights management (DRM), while also considering flexible pricing models and direct engagement with their audiences to foster loyalty and reduce the incentives for piracy. Platforms should simplify access and provide transparent, affordable content bundles that make ethical consumption more convenient than piracy. Regulators should modernize copyright laws to align with the realities of the digital age, concentrate enforcement efforts on large-scale piracy operations, and support creators with legal tools and educational resources.

The objective is not only to eliminate piracy entirely, but to cultivate a digital environment in which creators are respected, consumers are empowered, and access is equitable.

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