A section of Kenyans will be forced to dig a little deeper into their pockets as the Kenya Copyright Board (KECOBO) officially commences the collection of Blank Tape Levy from September 15, 2023. 

This move, mandated by sections 28(3)(6) and 30(6) of the Copyright Act and the second schedule part B of the Copyright Regulations 2020, aims to administer and enforce copyright and related rights in Kenya.

But what exactly is Blank Tape Levy? 

This nominal fee is imposed on the sale of blank media and devices, including CDs, DVDs, USB drives, and smartphones, which can be used to make personal copies of copyright-protected content.

The rationale behind the imposition of Blank Tape Levy is to compensate copyright holders for potential revenue lost when individuals engage in private copying of their copyrighted works, such as music, movies, or software. 

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Private copying is the practice of creating personal backups or copies of copyrighted material for individual use, such as creating a backup of a music CD or transferring a movie to a personal device.

Typically, it is the manufacturers or importers of the blank media or devices who bear the responsibility of paying Blank Tape Levy. 

This contribution serves to ensure that artists, musicians, filmmakers, and creators receive fair compensation for their intellectual property rights.

KECOBO's Executive Director, in a public notice dated September 11, 2023, clarified the purpose of this levy and its legal basis. 

This development not only reinforces copyright protection but also promotes fair remuneration for the creative industry in Kenya.

As Kenyans embrace the digital age and the convenience of personal content copying, the Blank Tape Levy becomes a critical mechanism to balance individual rights and creators' rights. 

It seeks to strike a harmonious chord between fostering creativity and respecting intellectual property.

With the implementation of Blank Tape Levy, KECOBO ensures that artists and copyright holders in Kenya continue to be incentivised, and their contributions to the nation's cultural and creative landscape are duly recognised. 

This levy marks a significant step towards safeguarding the intellectual property rights of creators while catering to the evolving needs of consumers in an increasingly digital world.