| dc.description.abstract | Most of Kenya's daily newspapers, including the Daily Nation and the Standard, frequently report about violation of freedom of expression. However, unlike freedom of expression as
well as defamation, there are very few reports on infringement of copyright. Does it mean that
copyright is rarely infringed? Yet, it is true that copyright is one of the most violated among
many intellectual property related rights. How is it that journalists seem to be disinterested in
copyright? Why do journalists play the defamation "trumpet" more loudly than the copyright "flute"?
This research intended to unearth all the "mysteries" that surround both copyright and freedom
of expression. The two dailies to be studied, the Standard and the Daily Nation, are good
instruments due to the fact that they are extensively read, and numerous journalists and writers
contribute to them.
One of the most pertinent issues that the project has investigated is the stand taken by both the
copyright lawyers as well as constitutional (freedom of expression) lawyers. The study shows
the relationship between the two and their influence or effecjon journalism practice in Kenya.
The paradox of both copyright and freedom of expression seems to lie on the meaning of the
two concepts. Freedom of expression seems to offer a leeway while copyright seems to restrict
the freedom of expression. This is so because freedom of expression does not limit itself to the
rightful owner of that very expression. It even implicitly includes a possibility of telling lies.
The relationship between copyright law and freedom of expression, however, lies on the fact
that they both deal with expression of ideas and not the ideas themselves. Freedom of
expression and copyright has a kind of a symbiotic relationship because of their common
denominator, namely, expression of ideas. One depends on the other and any can promote or
undo the other. Copyright could restrict freedom of expression, while freedom of expression
could promote and even protect copyright ownership.
Definition of Terms
I would like to acknowledge that this study has made use of so many words with both technical
and ordinary meanings. It is therefore imperative that I now explain some of the connotations
carried by some of them. This list is, however, not exhaustive.
Freedom: The lexical meaning of freedom is the right to do or say what you want without
anyone stopping you. In this research, however, freedom will refer to the freedom of
expression particularly in the print media especially in the Daily Nation and The Standard,
formerly called the East African Standard.
Freedom of expression: This is part of the large discourse on Human Rights, Rule of Law,
and constitutionalism. In this research, it will refer to .the fundamental right of expressing
oneself in order to communicate ideas as well as accessing information by both listening and
reading. Section 79 of the Constitution of Kenya defines freedom of expression as, freedom to
hold opinions without interference, freedom to receive ideas and information without
interference (whether communication is to the public generally or to any person or class of
persons) andfreedomfrom interference with one's correspondence.
Copyright: In general, this includes the legal right to publish, broadcast, and perform.
However, this research will concentrate on published material. The Copyright Act, 2001,
section 22 gives the context under which this topic will be explored. According to this section, the following works are eligible for copyright: literary works; musical works; artistic works; audio-visual works; sound recordings; and broadcasts.
License: According to the Copyright Act, section two, this means a lawfully granted license
permitting the doing of act controlled by copyright.
Constitution: Kenya's Constitution in force at the time of the research and before any new
Constitution. Chapter Five, Section 79 will be the main constitutional reference of the freedom
of expression.
Infringement: Lexically, this means the act of breaking a law or rule. It will therefore refer to
any violation or contravention of the freedom of expression as well as the violation of
copyright law. It may also be used in regard to violation of any other rights or laws.
Journalists: Communicators who work in the print media. They could either be trained or
untrained.
Right: This refers to the authority to perform. It also refers to the moral or legal claim to have
or get something or to behave in a particular way. 2
Research: This study will use Professor Olive and Abel Mugenda's concept of research.' That
it is a diligent, critical examination or inquiry of a given social or natural phenomenon. It
therefore uses procedures and rules.
2 Sally Wehmeier (Ed. ),2000, Oxford Advanced Learner's Dictionary, 6th Edition, (Oxford University Press:
London).
3M.O. Mugenda, & G.A Mugenda, 2003, Research Methods: Quantitative and Qualitative Approaches, (Acts
Press: Nairobi), P 1 ff .
Interview: This is the dialogue between the researcher or research assistants with either the
subject(s) of study or the relevant experts | en |
