Creatives seek changes to Creative Economy Bill over intellectual property rights

Creatives seek changes to Creative Economy Bill over intellectual property rights
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Stakeholders in Kenya’s creative industry have called for changes to the proposed Creative Economy Bill, 2026, to ensure it accommodates all sectors and addresses concerns over intellectual property rights.

During submissions to the National Assembly’s Departmental Committee on Sports and Culture at Bunge Tower on Thursday, the stakeholders urged lawmakers to broaden the scope of the legislation to include performing and literary arts, fashion, design and pageantry.

The committee, chaired by Webuye West MP Daniel Wanyama, was considering the Creative Economy Bill, 2026, sponsored by the legislator, which seeks to establish a unified legal framework for the promotion, development and regulation of the creative sector.

Representatives from the State Department for Youth Affairs and Creative Economy and the Creative Society of Kenya were among those who presented their views on the proposed law.

Stakeholders call for broader representation

The stakeholders welcomed provisions recognising prior learning in the creative industry, saying the move could help acknowledge skills acquired through practical experience and strengthen professionalism in the sector.

However, they urged the committee to expand the scope and composition of institutions proposed under the Bill to ensure that different creative disciplines are adequately represented in decision-making and implementation.

They also called for stronger incentives and more opportunities for young people, women and persons with disabilities to participate in and benefit from the growing creative economy.

The proposed repeal of the Films and Stage Plays Act, Cap. 222, also received support from the creatives, who argued that the existing law does not adequately reflect the changing nature and expanding scope of the industry.

A key point of contention was Clause 5(2), which excludes matters relating to intellectual property rights from the application of the proposed Act.

The stakeholders called for the deletion of the clause, arguing that intellectual property is central to the creative economy, covering the creation, production, distribution and commercial exploitation of creative works.

They warned that excluding such matters could undermine the legislation’s ability to address issues affecting artists and other players who depend on their creative output for income.

The committee is expected to consider the views presented by stakeholders as it prepares its report to the House.

Wanyama assured those who made submissions that their recommendations would be taken into account in the committee’s report as Parliament considers the proposed legislation.




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