Kenya Copyright and Related Rights Bill 2026, What Businesses and Rights‑owners Must Do Now

The Kenya Copyright and Related Rights Bill 2026 represents the most ambitious overhaul of Kenya’s copyright framework since the Copyright Act of 2001, introducing sweeping changes to how creative works, AI-generated content, image rights, and online enforcement are governed. The Kenya Copyright Board (KECOBO) opened the draft Bill for public consultation in March 2026, drawing submissions from civil society, the tech sector, collective management organisations, and international research bodies. For businesses, whether media houses, tech platforms, sports promoters, or SMEs that rely on licensed content, the Bill creates new obligations around licensing, takedown procedures, rights registration, and the commercial exploitation of personality rights.

This guide distils the draft Bill into a practical compliance playbook: what changes, what it means for your contracts and operations, and the specific steps you should take now to stay ahead of enactment.

• Priority 1, Contract audit. Review all existing IP assignment, licensing, and employment contracts for compatibility with the Bill’s updated ownership and authorship rules.
• Priority 2, AI content policy. Draft or update internal policies governing AI-generated works, including authorship allocation, input/output logging, and economic rights assignment.
• Priority 3, Licensing and CMO checks. Verify that every collective management organisation (CMO) you transact with holds the correct licence under the proposed regime, and review your own copyright licensing Kenya 2026 compliance posture.

What the Kenya Copyright and Related Rights Bill 2026 Changes, Executive Summary

The draft Bill published by KECOBO proposes to repeal and replace the Copyright Act, 2001 with a modernised framework that addresses digital-era challenges. The key changes fall into five thematic clusters, each carrying direct implications for commercial operations in Kenya.

Ownership and authorship

The Bill updates the rules on who qualifies as an “author” and how economic rights vest. It introduces provisions that address works created by or with the assistance of artificial intelligence, a category the 2001 Act did not contemplate. The Bill also clarifies the position on works created in the course of employment and under commission, tightening the default rules on employer ownership and introducing requirements for written agreements where rights are to be assigned. For businesses that commission creative work, advertising agencies, software houses, content studios, these changes mean that verbal or informal arrangements will carry materially higher risk.

Administrative changes, National Rights Registry and KECOBO functions

The Bill proposes the establishment of a National Rights Registry, a centralised record of copyright ownership and licensing information. Industry observers expect this registry to function as an evidentiary tool in disputes and as a due-diligence checkpoint for licensees. KECOBO’s regulatory and supervisory functions are expanded, including oversight of collective management organisations and the authority to impose administrative sanctions. The likely practical effect will be that businesses relying on content from third parties will need to verify ownership through the registry before concluding licence agreements.

Enforcement, site blocking, takedowns, and remedies

As reported by TechCabal, the Bill introduces provisions enabling courts to order internet service providers (ISPs) to block access to websites that host infringing material, including pirate livestream sites broadcasting sporting events and entertainment content. The draft also contemplates expedited takedown procedures for online platforms, new criminal penalties for commercial-scale infringement, and enhanced civil remedies including statutory damages. These copyright enforcement Kenya 2026 provisions signal a shift toward faster, more aggressive rights protection online.

Licensing and collective management

Under the Bill, collective management organisations will be required to obtain and maintain licences issued by KECOBO. The regime introduces governance, transparency, and financial reporting obligations for CMOs, responding to longstanding concerns about accountability in royalty collection and distribution. Businesses that pay licence fees to CMOs, hotels, broadcasters, event venues, should expect more structured invoicing and reporting, but also greater assurance that fees reach rights-holders.

Exceptions and limitations

The Bill updates fair dealing provisions and introduces exceptions aligned with international standards, including provisions inspired by the Marrakesh Treaty (facilitating access for persons with visual impairments) and broader exceptions for education, research, and libraries. The joint submission by the Geneva Centre on Knowledge Governance emphasised the importance of these exceptions for Kenya’s research and education sectors.

Quick comparison: 2001 Act vs 2026 Bill

AI‑Generated Works, Authorship and Licensing Under the Kenya Copyright and Related Rights Bill 2026

One of the most closely watched features of the draft Bill is its treatment of works generated by artificial intelligence. As the KECOBO draft consultation document indicates, the Bill introduces provisions that bring AI-created outputs within the copyright framework, a step that places Kenya among a small but growing number of jurisdictions addressing AI and copyright in primary legislation. The central question for businesses is straightforward: when a machine produces creative output, who owns it, and under what conditions can that output be commercially exploited?

The Bill’s approach, as reflected in the draft text, contemplates that where a work is generated by AI, the person who made the arrangements necessary for the creation of the work may be treated as the author for purposes of copyright ownership. This mirrors the approach taken in certain Commonwealth jurisdictions and provides a starting point for contractual planning. However, early indications suggest that the provision will need to be supplemented by robust contractual arrangements, particularly in employer-employee and commissioning relationships where AI tools are used as part of the creative process.

For businesses operating in the AI and copyright Kenya 2026 landscape, whether tech companies deploying generative AI, media houses using AI-assisted content creation, or agencies producing AI-generated marketing materials, the compliance imperative is clear: your contracts and internal policies must explicitly address AI authorship, ownership, and licensing.

Practical contract clauses for AI content

The following clause concepts should be incorporated into employment contracts, service agreements, and content commissioning arrangements:

• AI authorship allocation clause. Specify that all works created using AI tools in the course of employment or under commission vest exclusively in the employer or commissioning party, with the individual acknowledging that they made the “arrangements necessary” for creation.
• Input and output logging obligation. Require that all AI-generated content be logged with metadata recording the tool used, the prompts or inputs provided, and the date of generation, creating an evidentiary trail for ownership claims and registry submissions.
• Economic rights assignment. Include an express, written assignment of all economic rights in AI-generated works, removing ambiguity about whether moral rights or residual claims survive the employment or commission relationship.
• Third-party AI tool licence compliance. Require the creator to warrant that the AI tool’s terms of service permit commercial use of outputs and that no third-party IP rights are infringed by the training data or generated output.

WIPO’s guidance on artificial intelligence and intellectual property provides useful comparative context for businesses designing these policies, particularly on the interaction between AI outputs and existing international copyright norms.

Image Rights, Right of Publicity and Sports/Entertainment Deals

The draft Bill introduces greater legislative clarity around the commercial exploitation of image and personality rights, an area that has historically been governed in Kenya by a patchwork of common law principles, contractual practice, and constitutional privacy protections. For sportspeople, entertainers, influencers, and the businesses that manage and commercialise their profiles, the image rights Kenya 2026 provisions represent a significant development.

Under the proposed framework, the unauthorised commercial use of a person’s name, image, or likeness for trade or advertising purposes attracts clearer legal consequences. The Bill’s recognition of personality rights as a distinct category aligns Kenya with the global trend, accelerated by the growth of name, image, and likeness (NIL) deals in sports and entertainment, toward treating an individual’s commercial identity as a protectable asset.

For event promoters, talent managers, sports federations, and brand sponsors, the practical implication is that existing model release forms, endorsement agreements, and merchandising contracts must be reviewed against the Bill’s requirements. Industry observers expect that the standard of consent required for commercial exploitation will become more prescriptive, and that rights-holders will have stronger enforcement tools, including the ability to seek injunctive relief and damages, where their image is used without authorisation.

Negotiating NIL and endorsement clauses, key commercial terms

Businesses negotiating NIL deals and endorsement contracts under the new regime should ensure the following terms are clearly addressed:

• Scope of licensed rights. Define precisely which elements of the individual’s personality are licensed (name, photograph, voice, likeness, signature, social media identity) and for which media, territories, and time periods.
• Exclusivity and category protection. Specify whether the licence is exclusive and, if so, the product or service categories from which competitors are excluded.
• Consent and approval mechanisms. Build in approval workflows for creative materials, including the right to review and approve all uses of the individual’s image before publication.
• Post-termination wind-down. Address what happens to materials bearing the individual’s image after the contract expires, including sell-off periods, digital content takedowns, and archival rights.
• Collective and federated rights. For team sports and group performances, clarify whether the individual’s rights are licensed individually or through a collective (such as a players’ association or performers’ union), and how revenue splits are structured.

Event promoters and talent managers should maintain a checklist covering: written model releases for every shoot or appearance; clear assignment or licence of image rights in performance contracts; and a register of all active NIL and endorsement deals, cross-referenced against the Bill’s requirements.

Licensing, Collective Management and Commercialisation Under the Copyright Bill 2026

The Bill’s overhaul of the collective management and licensing regime is one of its most operationally significant features for businesses that use, distribute, or commercialise copyrighted content. Under the proposed framework, every CMO operating in Kenya must hold a valid licence issued by KECOBO, and must comply with new governance, reporting, and transparency standards. This responds to the analysis by KICTANet, which highlighted accountability gaps in Kenya’s existing CMO ecosystem as a barrier to fair royalty distribution.

For licensees, hotels, restaurants, broadcasters, digital platforms, event venues, the changes mean that due diligence on your licensing partners becomes non-negotiable. Paying licence fees to an unlicensed or non-compliant CMO could expose your business to claims that the licence was invalid, leaving you liable for infringement despite having paid.

Using CMOs vs direct licensing, pros and cons

The recommended approach for most businesses is a hybrid model: use licensed CMOs for blanket coverage of standard repertoire (background music, broadcast rights, public performance), while negotiating direct licences for high-value, strategically important content where exclusivity, customisation, or territorial control is required. In all cases, copyright licensing Kenya 2026 compliance requires that you document the licence chain from rights-holder to end-user and retain copies of all CMO licence certificates.

Enforcement, Takedowns, Site‑Blocking and Remedies Under the Copyright Bill 2026

The copyright enforcement Kenya 2026 provisions in the draft Bill mark a paradigm shift in how online infringement is addressed. As reported by TechCabal, the Bill empowers courts to issue site-blocking orders directing ISPs to prevent access to websites that host or facilitate copyright infringement, with particular attention to pirate livestream sites that broadcast sporting events and entertainment content without authorisation. The provision is designed to provide rapid relief, early indications suggest that blocking orders may be obtainable on an expedited or ex parte basis where delay would render the remedy ineffective.

Beyond site blocking, the Bill introduces a structured takedown framework for online platforms. Rights-holders will be able to issue formal infringement notices to platforms, which will be required to remove or disable access to infringing content within prescribed timeframes. Platforms that fail to comply face administrative sanctions and potential liability for the infringement itself. The Bill also contemplates counter-notice procedures, enabling users who believe content was wrongly removed to seek reinstatement.

Businesses should take the following steps to prepare for the new enforcement landscape:

• Appoint a designated agent. Nominate an internal contact to receive and respond to infringement notices and takedown requests.
• Implement a takedown and counter-notice policy. Draft and publish a clear, accessible policy covering how your organisation handles infringement claims, takedown requests, and counter-notices.
• Build ISP and registrar relationships. Establish direct contacts with your ISP and domain registrar to facilitate rapid response when blocking orders or takedown notices are served.
• Preserve evidence. Maintain logs of all infringement notices received and actions taken, including timestamps and copies of removed content, these records will be essential in any subsequent litigation or regulatory inquiry.

Practical Copyright Compliance Checklist for Businesses in Kenya, What to Do Now

Regardless of the Bill’s final enactment date, the prudent course for businesses is to begin compliance preparations now. The following checklist covers the essential operational steps that in-house counsel and IP managers should initiate immediately:

1. Conduct a comprehensive IP audit. Identify all copyrighted works your business owns, uses, licenses, or distributes, including software, marketing materials, music, images, and AI-generated content.
2. Review and update employment contracts. Ensure all contracts with employees and independent contractors contain express, written IP assignment clauses that are compatible with the Bill’s ownership rules.
3. Draft an AI use policy. Establish internal guidelines governing the use of generative AI tools, specifying ownership allocation, logging requirements, and prohibited uses.
4. Update commissioning and service agreements. Add AI authorship, image rights, and moral rights waiver clauses to all content commissioning contracts.
5. Verify CMO licence status. Request and verify current KECOBO licence certificates from every CMO your business transacts with.
6. Implement a rights clearance process. Create a formal workflow for clearing rights before using third-party content, including a verification step against the National Rights Registry once operational.
7. Prepare model release and NIL templates. Standardise your model release forms and NIL/endorsement agreements in line with the Bill’s image rights provisions.
8. Establish takedown and counter-notice procedures. Draft internal protocols for receiving, processing, and responding to infringement notices and platform takedown requests.
9. Train staff. Conduct IP awareness training for content creators, marketing teams, procurement officers, and IT staff on the Bill’s key changes and your updated policies.
10. Review insurance coverage. Check whether your professional indemnity or media liability insurance covers copyright infringement claims, including those arising from AI-generated content or platform liability.
11. Create a licensing register. Maintain a centralised record of all inbound and outbound copyright licences, noting expiry dates, renewal terms, and any clauses that may be affected by the new regime.
12. Schedule a compliance audit. Set a date, within 90 days, for a formal review of your organisation’s copyright compliance posture against the Bill’s requirements.

Timeline, Risk Matrix and Implementation Roadmap

Aligning your compliance programme with the Bill’s legislative trajectory requires a phased approach. The following roadmap provides a practical framework calibrated to three horizons.

Timeline of key legislative and consultation dates

Risk matrix by business type

Conclusion, Preparing for the New Copyright Regime

The Kenya Copyright and Related Rights Bill 2026 will reshape the commercial landscape for every business that creates, uses, licences, or distributes copyrighted content in Kenya. The changes are not incremental, they introduce entirely new regulatory categories (AI works, image rights, site blocking) and impose materially higher compliance standards on platforms, CMOs, and content users alike. The window between consultation and enactment is the time to act: audit your IP portfolio, update your contracts and policies, verify your licensing arrangements, and build the internal processes that the new regime will demand.

Businesses that prepare now will not only mitigate enforcement risk but position themselves to capitalise on the commercial opportunities the Bill creates, from clearer AI content ownership to stronger personality rights monetisation. For tailored guidance on how these changes affect your specific operations, consult a qualified intellectual property lawyer with experience in Kenyan commercial law.

Sources

1. Kenya Copyright Board, Draft Copyright and Related Rights Bill 2026 (official consultation document)
2. Kenya Copyright Board, Invitation for Public Comments (media release)
3. TechCabal, Kenya Copyright Bill targets pirate livestream sites
4. KICTANet, Copyright Bill 2026 Memorandum
5. Geneva Centre on Knowledge Governance, Joint submission on Kenya’s 2026 Copyright Bill
6. ICLG, Copyright Laws and Regulations: Kenya
7. Vellum Kenya, Modernising Kenya’s Copyright Regime
8. WIPO, Artificial Intelligence and Intellectual Property