Proposed New Copyright Bill Sparks Debate over AI and Image Rights

Why It Matters

The lack of AI and image‑right rules threatens costly litigation and could stall Kenya’s digital content economy, undermining investor confidence in the country’s modernised IP framework.

Key Takeaways

• Bill updates copyright, but ignores AI regulation.
• No provisions for personal image rights or likeness.
• Potential clash with privacy and data protection laws.
• Influencers may face litigation over image licensing.
• Legal ambiguity could stall Kenya’s digital content market.

Pulse Analysis

Kenya’s Copyright and Related Rights Bill 2026 represents the most ambitious overhaul of the nation’s intellectual‑property framework since the 2001 Act. By seeking alignment with World Intellectual Property Organization (WIPO) treaties, the draft promises clearer enforcement mechanisms, stronger protection for authors, and a modern licensing regime that could boost the country’s creative economy. Lawmakers argue that updating the statute is essential to attract foreign investment and to support local musicians, filmmakers, and software developers who have long operated under outdated rules. However, the bill’s focus on traditional works leaves emerging technologies largely untouched.

The silence on artificial intelligence is the draft’s most glaring omission. Around the world, jurisdictions from the European Union to Singapore are embedding AI‑generated content provisions into copyright law, clarifying ownership, attribution, and liability for machine‑produced works. Kenya’s absence of any AI clause means creators of deep‑fake videos, AI‑assisted art, or algorithmic music will face legal uncertainty, potentially discouraging innovation in a sector poised for rapid growth. Without explicit guidance, courts may have to rely on ad‑hoc interpretations, increasing litigation costs and slowing adoption of AI tools across industries.

Equally troubling is the bill’s failure to address image rights. Photographs that capture a person’s likeness sit at the intersection of copyright, privacy, and data‑protection law, yet the draft grants photographers exclusive rights without defining the subject’s control. In Kenya’s burgeoning influencer and gig‑economy market, brands routinely license images for campaigns, raising questions about whether they are purchasing composition rights or the right to use an individual’s identity. This ambiguity could flood courts with disputes, erode trust between creators and advertisers, and ultimately hinder the digital content sector unless legislators introduce clear image‑right provisions.