NAIROBI, Kenya- A proposed overhaul of Kenya’s copyright laws has ignited a heated debate among creators, lawyers, and technology experts over how artificial intelligence and image rights should be regulated in the country’s digital economy.
The Copyright and Related Rights Bill 2026, currently under discussion, seeks to modernise Kenya’s copyright framework and address challenges created by digital platforms, online piracy, and emerging technologies.
However, the proposal has also raised concerns about how it handles issues such as artificial intelligence-generated content and the ownership of images featuring identifiable people.
As lawmakers, artists and legal experts weigh in, the bill is quickly becoming one of the most significant intellectual property debates in Kenya’s creative industry.
Kenya’s current copyright framework dates back to 2001, a time when digital media, social platforms and generative AI tools did not exist at today’s scale.
The new legislation aims to overhaul the system by strengthening enforcement mechanisms, clarifying royalty structures and improving protections for creators in the digital age.
Among the proposals being considered are:
- Expanded rights for creators and copyright owners
- Stronger measures against online piracy
- Administrative penalties and fines for infringement
- Improved systems for tracking ownership and royalties
Supporters say the changes are necessary to help Kenya’s creative economy adapt to the realities of streaming platforms, social media distribution and digital content creation.
However, critics argue that the bill may not sufficiently address the rapid rise of artificial intelligence technologies that can generate images, videos and text within seconds.
One of the most contentious issues surrounding the bill involves AI-generated images and digital likenesses.
Generative AI tools are increasingly capable of producing realistic images that resemble real people, raising legal questions about ownership, consent and privacy.
The proposed law has sparked concern because it does not clearly define how such AI-generated material should be regulated or who owns the rights to it.
Some critics argue that the legislation fails to directly mention artificial intelligence, despite the technology’s growing impact on the creative industry.
Without clear legal definitions, disputes could arise over whether AI-generated content infringes on an individual’s image rights or the intellectual property of artists whose work may have been used to train AI systems.
Kenyan artists, photographers and digital creators are among the voices pushing for clearer protections in the proposed law.
Many creatives fear that artificial intelligence could replicate their artistic styles or generate content using their images without permission.
Globally, similar concerns have already triggered lawsuits and regulatory debates as artists challenge AI developers over the use of copyrighted materials in training datasets.
Kenyan creatives worry that without stronger legal safeguards, their work could be exploited by AI systems without compensation or credit.
Advocates for creators argue that the law should explicitly address AI-generated content and introduce mechanisms that ensure artists maintain control over how their work is used.
Another issue emerging from the debate involves the intersection between copyright and personal privacy.
Legal analysts warn that the proposed copyright bill could clash with existing legislation such as the Data Protection Act, particularly when it comes to the use of photographs containing identifiable individuals.
Under Kenya’s data protection laws, a person can withdraw consent for the use of their personal image. However, copyright law typically grants the photographer or creator ownership rights over the image itself.
The proposed bill does not clearly explain which right takes precedence when these two legal frameworks conflict.
This ambiguity could potentially lead to court battles over image ownership and consent.
Another complex question facing policymakers is whether artificial intelligence can be considered an ‘author’ of creative work.
Under current Kenyan copyright law, authorship is tied to human creativity and originality. Works generated entirely by machines may not qualify for copyright protection unless there is significant human input.
This principle complicates the regulation of AI-generated works.
If a machine creates an image autonomously, it raises questions about who should own the rights. The user who generated it, the developer of the AI system, or no one at all.
Artificial intelligence is increasingly being used in marketing, design, film production, advertising and digital storytelling.
Supporters of AI innovation argue that regulation must strike a balance between protecting artists and allowing new technologies to flourish.
If the rules are too strict, they warn, startups and creative businesses may struggle to experiment with AI-powered tools.
