What follows is a guide on how to file a claim for copyright infringement in Kenya. We have also provided a DMCA Take down url if a website is stealing your content and posting on theirs.
Formal lawsuits are costly and time-consuming considering that copyright infringement cases require the presence of an attorney. Make sure the losses you have incurred from an infringement are reasonable enough to warrant a lawsuit. It is often preferable to settle the case outside court. Here are some of the steps you should take to file a claim for copyright infringement.
Understand the Law on copyright violation
The first step towards filing a claim for copyright infringement is identifying the legal grounds. It is worth noting that copyright infringement arises when a third party performs any acts granted to the rights holder or author without the authority of the copyright holder. The acts should be outside the limitations and exceptions provided in Section 26 of the Copyright Act. These acts include the right to reproduction, distribution, broadcasting, and communication to the public. Find the basic grounds for your lawsuit and present your facts to an attorney who specializes in intellectual property law.
File a Legal complaint
Your lawyer will file a complaint in court and serve this complaint to the infringer. The infringer will most likely file a response to the complaint. The case will proceed to the process of gathering evidence and preparing for trial.
Determine civil or criminal liabilities
Your lawyer will work to determine whether this case of infringement amounts to civil or criminal liabilities as per the Copyright Act Section 35. During the process of gathering evidence and deposition, your lawyer may decide to try and settle the case outside the court room. If a settlement is not attainable, the case will go to trial. The court will inform the parties involved on the day for the trial. During the trial, both sides will present the arguments and the court will use its discretion to make a ruling. If the complainant wins, they shall be able to recover damages arising from the infringement and if it is a criminal case, the court will sentence the infringer to jail, depending on the degree of infringement as per the Copyright Act.
DMCA Take Down
For online or digital work violation, you can always file a DMCA take down. Search engines will remove the work being violated from search results. Hosting companies can also take down the website violating your work.