The Kenya Copyright Board (KECOBO) was on Tuesday thrust into the spotlight for apparently leaving the country’s National Anthem vulnerable and subject to copyright claim by other international entities.

This came after a Kenyan YouTuber’s video ranking the continent’s best national anthems – which included Kenya’s – was flagged down over copyright infringement.

The content creator – who runs the ‘2nacheki’ channel – claimed he was informed that AdRev Publishing had registered the complaint on behalf of De Wolfe Music; a British company which, as it emerges, owns the rights to the Kenyan National Anthem.

A search on De Wolfe’s website, however, reveals that they have only copyrighted an arrangement/instrumental of the Kenyan national anthem, as opposed to the one which had been published by ‘2nacheki’ in which there is an actual choir singing along.

In a statement released following the furore, KECOBO has since acknowledged that “the government has copyright for its commissioned works for up to 50 years,” which, in the case of the National Anthem, reportedly lapsed in 2013 and was never reviewed.

“The National Anthem is over 50 years and has thus fallen into public domain. However, given the place of National Anthem in any country and the provisions of the National Flags, Emblems and Names Act (Cap 99 laws of Kenya) there is additional protection of the anthem against misuse and improper use,” read the statement.

“Under that Act, the use of the National Anthem, emblems, names and other similar symbols is restricted and its use shall be subject to written permission by the minister in charge of interior.”

The copyright body further notes that amendments need to be made to the Copyright Act to ensure that the use of national symbols and government works remain subject to authorisation even where copyright expires.

“KECOBO is at the moment studying the terms and conditions in YouTube platform with a view to requesting for take down of all content offending the National Anthem by the said company and others as well,” added the statement.

“In addition, there are consultations between KECOBO and relevant state departments on legal and administrative measures to prevent unauthorized copyright claim on the National Anthem now and in future.”

Copyright claims on Kenya National Anthem by Dewolfe Music and others are invalid. We are working to remedy this situation. pic.twitter.com/EUJPEdgeg5 — Kenya Copyright Board (@KenyaCopyright) February 5, 2019

The incident has since caused uproar on social media especially since it comes after claims emerged late last year that film production company Disney had also copyrighted the Swahili phrase ‘Hakuna Matata.’

Below are some of the reactions from Kenyans following the news:

Who slept on their job and forgot to copyright the National Anthem, leaving it vonarable be copyrighted by someone else? Seriously ain't that Your main job to actually protect Kenya's work.. This is our National Anthem we are talking about?? — Syombua A. Kibue | #KenyaUnbowed (@Syombuak) February 5, 2019

Wow.

How does a company copyright a tune that is distinctly the #KenyanNationalAnthem?@adrevnet should give back all their earnings to the respective countries!@LyorCohen, @susanwojcicki @YouTube, why are you allowing this behaviour on your platform?https://t.co/3s5yTIplLu — Mutheu Mutua (@AKenyanGirl) February 5, 2019

So you're saying you didn't protect our anthem under International law???? — RusticMay (@rusticmay) February 5, 2019

According to this video, the Kenya national anthem has been copyrighted by a company called DeWolfe Music. So as a Kenyan content creator, if you use your own anthem on YouTube, you get a copyright strike. https://t.co/ELB85DMCtQ via @YouTube — Ciru Muriuki (@CiruMuriuki) February 5, 2019

https://twitter.com/observerug/status/1092794543181832193

Kenya copyright @KenyaCopyright have admitted that they let the copyright go after 50 years, meaning they never renewed their copyright over the National Anthem. at the same time Slovak State Philharmonic Orchestra own rights to the swahili version — Syombua A. Kibue | #KenyaUnbowed (@Syombuak) February 5, 2019

Kenya needs an express assertion that the Kenyan Government owns copyright in perpetuity over the national anthem https://t.co/CQ9Nb6DN4s. Otherwise, it's open to exploitation.

cc: @KenyaCopyright https://t.co/sj2Yg3oqCI — Regina Mutheu (@Mutheu_ngwella) February 5, 2019

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