The extent I support the doctrine of fair dealing/fair use in Kenya

The extent  I support the doctrine of fair dealing/fair use in Kenya 

The doctrine of fair dealing is good because it strikes a balance between the creator of the intellectual property and the society. By compromising to some little extend, the privileges of the owner, it is greatly helping those who cannot create or have created other unrelated works to use the work.

The number of universities in Kenya is growing rather very fast. This means that more people pursuing undergraduate and post graduate studies is increasing. One of the key requirements for the award of the certificates for the above levels is research papers and thesis. This requires review of related literature. This point necessitates acquiring, reading and using part of the published work. At this point, fair use use comes in to play. The provision of using limited amount of protected literal work without seeking permission is good. Students and lecturers can use materials available to them without exceeding the two pages of the work as provided by the Kenyan Constitution.

In cases where a student, lecturer or researcher exceeds the provision, action should be taken against them. Most universities in Kenya, for instance Moi University has a policy against this practice. For instance the research paper is disqualified and the no award of the certificate is guaranteed. For the case of credentials that could have otherwise led to promotion of the person, this action devalues the person’s integrity hence no promotion. 

I also support fare dealing in dealings of social gatherings that don’t entail commercial transactions. For instances protected music can be used in weddings –except wedding shows-, birthday parties and fundraising without seeking the consent of the song writer, producer or the musician.

Wedding shows should be charged with cases of infringement and breaking doctrine of fair use in cases where they have not sought permission .Because the Television networks and print media are using the shows to make money through the airtime and space fees respectively.

Home taping of e. g of TV programs to watch at later time (“Time shifting”) should be considered fair use .While in conditions where one person buys of the original work then gives to a neighbour who borrows should not be considered fair dealing. Though, this seems far-reached and hard to implement.

 Constructive criticism is always healthy if it establishes a more balanced and informed perspective. It should be embraced in Kenya. It should never be taken personal and should be spoken plainly and sensibly. Critiquing intellectual property sets people for success. By pointing at the weaknesses and strengths of that work, it in some way indicates preferences of the consumers - those using the property. The owner while creating next work will take heed of the correction critics and reviewers should be open with their opinions and give transparent opinions. This is care for the readers and owner. No one is perfect.

Reporters should always acknowledge their sources of news. It is one of the ethics in journalism. This is a show of unselfishness and respect for people’s property. It even publicizes and the owner and the product since the information are passed in mass media platforms like radio and TV.

On the June 28, 2013, Kenya was among the WIPO member states who signed Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (“the Marrakesh Treaty”).-The “Access to published works by visually impaired and persons with print disabilities is important for economic growth and development as the beneficiaries will be able to access published works at the same time with visually able persons.” Kenyan government should implement and ratify this treaty.

 

 

REFERENCES

T he Copyright Act No. 12 of 2001.The Constitution of Kenya

Murunga, BMW (2009) .Emerging Trends in Copyright: LSK CLE Seminar On 3rd April 2009

http://www. Fair Use in Copyright (BitLaw).htm

Ben Sihanya (2003) .Constructing Copyright and Creativity in Kenya… doctoral dissertation, supra note 1.

Sihanya, Ben (undated). Promoting access through legal reform: Kenya case study – a paper presented in a workshop on copyright exceptions and limitations for education and research environments in Ghana.

Ben Sihanya (2005; published 2006) “Copyright law, teaching and research in Kenya,” East African Law Journal Vol 2 2005 at pp.  28-62;

http://musicinafrica.net/sites/default/files/copyright_law_in_kenya_-_prof_ben_sihanya_0.pdf 6  Marisella Ouma: The Copyright Act 2001: A New Era for Copyright Protection in Kenya July-September 2004 e-Copyright Bulletin Copyright Section, Office of the Attorney-General.

Band and Gerafi (2013): The Fair Use/Fair Dealing Handbook

Otike, Japhet (2012). Providing access to copyright works through exceptions and limitations; The experience from developing countries: A paper presented at the WIPO Conference held in Nairobi, Kenya, May 3-4, 2012

You can always Relive your dream

If research is carried out to discover how people are in places, jobs and situations they wished to be  while they grew ,then  sadly,you would conquer that many are "displaced"

As a kid, you were once asked what you wanted to become in future.Enthusiastically,though innocently and bravely you said the "big titles"you knew  then. Doctor,Engineer lawyer, pilot.. , we understood them as cherished,classical and prestigious personalities you could  want to associate with as a child.

Nevertheless,things changed,time came and  passed.The clock  circled anticlockwise for some. Now you find yourself persuing  that course you never imagined yourself in ,'never wanted'.Maybe because you lost direction along the way in the dreamland. Then you decided to stoop for less and maybe even bending too low in the career and job you are in.

Life is too short to whine, come to terms if you didn't like. Make the situation and the job great in your own way.Relive the dream , recreate it and take it that this was the best thing ever in the world. Inferiority and superiority lie in the mind.Be your own hero.Never need confirmation and if they come , let them find them within the self.

You can always Relive your dream

If research is carried out to discover how people are in places, jobs and situations they wished to be  while they grew ,then  sadly,you would conquer that many are "displaced"
as a kid, you were asked what you wanted to become in future.enthusiastically,though innocently and bravely you said the "big titles"you came to know. Doctors,Engineers and pilot , we understood as cherished,classical and prestigious personalities you could have want to associate with as a child.

nevertheless,things changed,time evolved.the clocked now circled anticlockwise for some .Now you find yourself persuing  that course you never imagined you in ,'never wanted.maybe because you lost direction along the way in the dreamland. you decided to stoop for less and maybe even bending too low in the career and job you are in.

life is too short to whine, come to terms if you didn't like. make the situation and job great in your own way.relive the dream , recreate it and take it that this was the best thing ever in the world. inferiority and superiority lie in the mind.Be your own hero.Never need confirmation and if they come , let them find them within the self.

Tastes and Controversies.

The world is dynamic so are the people.What you view as distaste is merry to me.we are always to adjust ,develop adaptability behaviours to fit in society we get our selves in.
Loud music is relative. They are degrees I consider music as loud .at this point i easily lose the me ,get irritated and pissed off at very minimal spark.

 I have always cherished silence when i need to do something tangible and durable.
 to my neighbour in campus this is different. Her mind and body understand well in "noisy environments". she works and studies smartly-whatever this word means- when every
thing around is active. Quietness is boring and lulling to her .

As much as it's a democratic society and most things seem right according to individuals, as long as it is not constituted, we should look around. Know your "network". Whatever person your likes and dislikes are compatible, twin them. If they are not there and its inevitable that you have to be among those who are offtrack, then, compromise. you may even think of reducing that speaker volume to fit your room radius.

Mark you, the music you may be playing can be unpalatable to me and my "network".
Don't you think the inventor of ear and headphones really deserves better than to invade other people's peace at the comfort of their rooms ?

playing a victim

It isn't enough falling a victim of circumstance, rather taking it too personal.The  fact that to me it happened, doesn't  guarantee redirecting; whining that it should have been somebody else  all together.

Selfishness gets better side of us when we claim "why me?". Drains, it does to just scream out at calamities and supreme being why me. otherwise whom did you want befall the calamity anyway?just take it sacrificially and humble when misfortunes  hit hard on you sirring our stomachs and accelerating the nervous.we may be  deserving consequently or may be paying other people's sins.

Stop whining, start acting.solve the problem. accept  however impossible it may seem. take you time . it brings  best and faster healing however gradual it seems.

It beats logic times when while being corrected it becomes personal .And you hear,why did you pick up on me? you are not caring an don't see any good in me! Or maybe you hate me! I never did it, i swear!

C'mon.at times, it takes step of  faith  to correct someone. mostly smart friend want a better you-although not needfully a perfectionist , to make you know that you slipped.You ain't a victim! you being made better.

FRIDAY'S DIVISIONS, STRUGGLES  AND CONSEQUENCES

Friday's night atmosphere in Moi university is an headache for mediocre groups as Christians busy themselves in a church service ,football fans  cheer their teams and " dundas" fellows rock the student centre atmosphere.

Yesterday ,was just but a unique Friday. It wasn't "dunda", , it was grant for school of arts and social sciences .Students falling in this category were to showcase their talents. presentations on salsa dances ,different artists were given opportunities to present.  and to crown it all was contest for Mr. and Miss
which one competition

MUSASS (Moi University School of Arts and Social sciences Student Association). This was where real master of modelling overshadowed  everything. Real credit got its way to those who were red carpeted.

However ,something queer, what seem bad omen  omen flushed in just as the event started. Sure enough it was the fella- blackout. whoops many "anti -dundas",who sleep early got into bed with empty stomachs.Consequently, invited guests; the dean of students and dean of host school failed to appear.

The christian union fellowship saw damn struggle for attention and concentration as the speakers from student centre out-competed theirs. At least you felt them screeching you ear drum and for once thought of going deaf.relief came at 9 am when lights when off and silence took over. At-least now its equal effort of human voices competing and artificiality and how disruptive you who may decide to be. the so called 'freedom of communication'.

Saturday always suffers  Fridays hang over's- the injuries of broken bottles, fights, beer  hangover, sleepless night , the list is long .It's learnt to be calm,  kind and  gentle enough to allow disrupted minds to collect up and once again focus.its learnt to  humble.moreover it gently ushers in beautiful remorseful Sunday where people get to their knees, camouflaging their iniquities in between modesty and attending church service.

DON'T BE  VICTIM OF MUSO ELECTIONS

Warnings at times can never serve human beings any better ,unless it's follows a experience, better still if its personal experience.

The sentiments look judgmental and attacking ,but seemingly, that's how things are apparently in Moi University.Of course no exemption of all those places we have human beings.

during the past two Moi University Students Organisation(MUSO) elections, chaos have been commonplace.At least a student has lost crucial part of their bodies.last year for instance saw a supporter of Cheserem lose an eye unwillingly-of course.unlike in The scriptures where Jesus requests us to plug body parts that make us sin. the lad lost the eye while fighting opponents supporting Omondi-the current MUSO chair.Consequently, he dint do exams as he was hospitalized.

Another student had his spinal cord broken-just but a glimpse. Fortune knows, we might have yet another this year.Most  contestant drain their pockets for goons even when signs are clear, they will not win. Tribal cut lines is the norm-at least now we have a lot of tribal 'kamkunji' taking place at night to psyche up for forthcoming  May elections.
Student studies are always in jeopardy...diminishing class attendance ; C.A.Ts are  untold of; pathetic performance summing to a nightmare for lectures who mark this messy work.

Imaginary promises appealing to ears is all we get. "Comrades power!" this 'divine' is enough to send us to a world of fantasy. Many don't get this insight during campaigns because they are overwhelmed by ethnicity and sentiments out of the heaviness of contestants pockets.its after elections have far past , when we face  hurting and unpleasant state of affairs in MOI  is when we know their fault.

Criticism rises; name calling takes over real names; unrealistic demands to student leaders even when the admin in four decades failed to achieve the same.

Although responsibility is require of any elected leader, perhaps even other leadership calibre, its only reasonable that we are not absorbed in this whole issue of MUSO politics.student leadership have come and left,you also have a chance of at most six years in campus.spare esteemed parents shock and shame of getting half children. I mean lesser person,maybe brain wise-you did concentrate in you studies, or even less body- you might have lost an arm