As a content creator, whether you’re just starting out or have built a substantial following, encountering a copyright strike or platform ban can feel like a gut punch. Your work, reputation, and livelihood may all feel at risk. But the good news is that understanding your rights, knowing the proper steps, and adopting preventative strategies can turn a moment of crisis into an opportunity for growth and learning.
We have compiled this guide to offer you actionable advice and expert tips to help you confidently navigate these challenges, based on the Kenya Copyright Board (KECOBO) regulations and the Copyright Act (Cap 130).
Contents
Know the Difference: Copyright Strike vs. Platform Ban
Before taking any action, it’s crucial to distinguish between a copyright strike and a platform ban:
- Copyright Strike: Under Section 41, a rights holder can notify KECOBO of alleged infringement. KECOBO may appoint inspectors to seize infringing copies or issue take-down notices to hosting platforms. Typically issued when a rights holder (e.g., a music label, film studio, or independent creator) claims you’ve used their protected work without permission.
On many platforms, such as YouTube and Twitch, accumulating multiple strikes can lead to account suspension.
- Platform Ban: A broader restriction, often resulting from repeated policy violations (e.g., hate speech, harassment, spam) or severe infractions. Bans can be temporary or permanent and may not always involve a specific copyright claim.
Bans arise from breach of platform community standards (e.g., hate speech, spam). These fall outside the Act but can still be contested via the platform’s appeal channels.
Understanding which situation you’re facing determines the right course of action.
1. Your Copyright: Automatic and Protected
- Automatic Protection: In Kenya, copyright protection is granted automatically as soon as your original work is fixed in a tangible form—be it writing, recording, or digital file. You do not need to register your work for it to be protected.
- Duration: Copyright typically lasts for 50 years after the creator’s death for literary, musical, and artistic works, and 50 years from publication or creation for audio-visual works, photographs, sound recordings, and broadcasts.
- Categories Protected: Literary, musical, artistic, dramatic, audio-visual works, sound recordings, broadcasts, and computer programs are all protected.
2. Registration: Strengthening Your Legal Standing
- Voluntary Registration: While not required, registering your work with KECOBO provides a public record and a certificate of registration, which serves as strong evidence of ownership in legal disputes and can facilitate licensing or commercial use.
- How to Register: Use the Kenya National Rights Registry Portal to create an account and upload your work. Registration typically takes about 10 working days.
3. Copyright Strikes and Platform Bans: What to Do
If you receive a copyright strike or your content is taken down:
- Review the Notice: Platforms are required to notify you of the reason for the takedown, often referencing a claim under the Copyright Act.
- Appeal or Counter-Notice: If you believe the strike is a mistake or your use qualifies as fair dealing (for research, criticism, or education), you can appeal directly to the platform or submit a counter-notice. Platforms must have procedures for this, and you can also seek legal recourse through the Copyright Tribunal if necessary.
- Contact the Claimant: You may reach out to the copyright holder to resolve the issue directly or request a retraction of the claim.
4. Your Rights as a Creator
- Exclusive Rights: You have the exclusive right to reproduce, distribute, perform, display, and adapt your work. These rights can be licensed or assigned to others, but only in writing and with your consent.
- Moral Rights: You retain the right to be credited as the author and to object to derogatory treatment of your work.
- Remedies for Infringement: If your copyright is infringed, you can seek remedies such as injunctions, damages, and orders for seizure of infringing copies. The Copyright Act also provides for criminal penalties in cases of willful infringement.
- Protection under the Constitution: Article 40 of the Kenyan Constitution guarantees the right to intellectual property protection, reinforcing your legal standing.
5. Fair Dealing and User Responsibilities
- Fair Dealing: Limited use of copyrighted works is allowed for research, private study, criticism, review, and reporting of current events, provided you acknowledge the source. This is not a blanket exemption and is subject to interpretation.
- Collective Management: For certain uses (like public performance of music), you may need to work with a collective management organization to manage rights and royalties.
6. Best Practices to Avoid Copyright Strikes and Bans
- Use Only Your Own or Licensed Content: Avoid uploading material you do not own or have not licensed.
- Credit Where Due: Always acknowledge sources, especially when relying on fair dealing.
- Keep Records: Maintain evidence of your creation process and registration certificates.
- Diversify Platforms and Backup Content: Don’t rely on a single platform; always keep copies of your work.
7. If You’re Banned or Your Content Is Removed
- Know Your Right to Appeal: Platforms operating in Kenya must respect due process. If you believe your content was wrongly removed or your account unfairly banned, use the platform’s appeal mechanisms and, if unresolved, consider legal action through the Copyright Tribunal.
- Legal Support: Consult an intellectual property lawyer or KECOBO for guidance if you face persistent or complex disputes.
8. Expert Takeaways
- Stay Informed: Platform policies evolve. Subscribe to creator newsletters (e.g., YouTube’s Creator Insider) to catch updates early.
- Be Proactive: Regularly audit older videos or posts for compliance.
- Build Relationships: Join creator communities or legal clinics where you can share experiences and insights.
- Invest in Education: Workshops on copyright, trademark basics, or new policy trainings can save you time and stress down the road.
Conclusion
Copyright strikes and platform bans are daunting, but they don’t have to derail your creative journey. By understanding the nuances of platform policies, asserting your rights through proper appeals, documenting your steps, and embedding preventative measures into your process, you can safeguard your work and maintain your momentum.
Remember: every successful creator encounters hurdles; what sets you apart is how you respond, learn, and evolve. Stay informed, stay proactive, and keep creating with confidence.