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CIPIT, Strathmore Law School (academic institution)
National Council for Law Reporting

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AFFILIATE TEAM ROADMAP, CREATIVE COMMONS Jurisdiction: Kenya (East Africa - Africa) Date submitted: 6 March 2013 Timespan of this roadmap: January 2013 to December 2013

Public lead: Centre for Intellectual Property and Information Technology law (CIPIT)

Dr. Isaac Rutenberg [Intellectual property and Social media] (Director and Lead Consultant) holds a J.D. from Santa Clara University School of Law (California, 2011) and a Ph.D. in Chemistry from California Institute of Technology (2005). He is a Registered Attorney with the California State Bar and he is registered to practice before the US Patent and Trademark Office.

Lillian Makanga Wothaya [Research and evangelism] holds an LLB (Hons) degree from the Catholic University of Eastern Africa (CUEA) a post graduate diploma in law from the Kenya School of Law and currently awaiting admission to the Bar as an Advocate of the High Court of Kenya. She has previously worked at MMC Africa Advocates where she gained experience in the practice of Intellectual Property Law as well as other legal disciplines. As part of CIPIT she is involved in the IP Clinic which provides legal advice and cost effective solutions to innovators on all aspects of their IP Rights. In addition, she analyses developments in Kenyan and International IP Case law as well as the implications on the Intellectual Property Landscape.

Douglas Gichuki [Open data and IT policy] (Research Fellow and Assistant Lecturer). Mr Gichuki holds an LLB degree from CUEA and an LLM in Intellectual Property, Information Technology and Internet Law from Norwich Law School (UK). His doctoral research focuses on legal frameworks for financing small to medium enterprises in technology.

Legal lead: National Council for Law Reporting

Mr . Michael Murungi [Information technology specialist] is a manager, law reporter and ICT legal expert from Kenya. He is the Chief Executive/Editor of Kenya’s National Council for Law Reporting, the official publisher of Kenya’s public legal information, including the decisions of the superior courts of Kenya and the Laws of Kenya. He is the author of Cyber Law in Kenya and Kenya's designated contributor to Wolter Kluwer’s International Encyclopaedia of Cyberlaw. He has been a legal columnist for CIO, East Africa’s premier ICT magazine and a lecturer in cyberlaw at the Catholic University of Eastern Africa. He made key contributions towards the enactment of the Kenya Communications (Amendment) Act, 2009. He has undertaken local and international consultancy and speaking engagements. Michael holds a Masters Degree in ICT law and has professional training in legal practice, management and arbitration

Mr. Alex Gakuru [Regional coordinator Africa] is the Founder and Chair of ICT Consumers Association of Kenya, an ICT consumer rights advocacy group. He is the Executive Director-Content Development and Intellectual property (CODE-IP) Trust, a non-profit organization focusing on creating an enabling environment for local content development and its intellectual property protection. He is an assertive advocate of consumer rights and he represents consumer interests through various platforms locally and internationally. He is an Elected Council Member at the Free and Open Source Software Foundation for Africa and he took part in global Internet Policy formulation as the elected Africa’s representative at ICANN’s Non-Commercial Users Constituency Executive Committee (NCUC). His NCUC term ended in December 2013. Since August 2012, he is the Regional Coordinator – Africa for Creative Commons.

Date of latest MOU in jurisdiction N/A


Why is Creative Commons important for the jurisdiction?

Kenya is home to a thriving cultural industry. These varied creatives require access to shareable resources that facilitate remixing and creativity. It is, however, important to deepen the understanding of new users in Kenya of CC licenses and their usefulness. The increasing use of CC licenses in Kenya will help enhancing the visibility and accessibility of Kenyan creativity in the global networked space.

Kenya is also home to a vibrant if querulous democracy. We are a multi ethnic society comprising 42 odd communities. We hope to harness the wealth that can come from such cultural and linguistic diversity through the creative commons movement. Kenyans are marked in their early adoption of technology to enhance the democratic discourse, examples of these include the shoot from the hip activism of #KOT (Kenyans On Twitter). We hope to use CC licensing in Kenya to support newly realisable democratic freedoms through new media conversation and mobilizing and by enabling wide-spread access to knowledge and information.

What do you think makes a successful jurisdiction project?

A successful jurisdiction project effectively promotes the use of CC licenses in their jurisdiction for the benefit of the various communities in the country. We wish to do this by bringing what is good of these communities to the wider African and global market; translating CC license deeds into local languages is in our opinion key for achieving this.

How do you see the jurisdiction project contributing to the CC Affiliate Network?

We want to help adding to the commons local content and a variety of indigenous and contemporary Kenyan works available under CC licenses.


Describe the communities that are currently active in the project.

1. Educational institutions – schools, universities, colleges, etc. 2. Libraries 3. Cultural institutions – museums, galleries, etc. 4. Government organizations 5. Technology-based companies 6. Open data and technology-focused communities 7. Professional Associations & non-profits 8. Creators – artists, photographers, media producers.

How will you continue to engage with these communities?

We will increase our engagement through: Conference talks & workshops, a Kenyan CC website, Twitter, supporting interested parties with implementing CC licenses.

Describe the communities (existing or new) that you plan to focus on during the timeframe covered by this roadmap?

Target organizations: Bloggers Association of Kenya; KECOBO; The Creativez; Power 254, Media houses; technology hubs such as iHub; Universities; and civil society such as FOSSFA.

How do you plan to engage with these communities?

• Use of social media to establish a linked CC Kenya affiliate • Implementation of a Creative Commons website • Case studies and showcase examples • Compilation of list of Kenyan organizations & individuals using Creative Commons • Development of a copyright, open licensing course delivered online and face-to-face at the CIPIT • Open licensing salons, webinars, conference presentations, and events • FAQ, how-to’s and practical guides to aid decision making and implementation • Policy guidelines and recommendations • Development and profiling of business models related to use of Creative Commons, for instance the freemium model. • Making the case to government institutions for an open license for government content by using the National Council for Law Reporting as a demonstrative case study.

  Priority Goals

What are the most important focus areas on which the Affiliate Team will work during this time period?

Focus area: Outreach and deepening license knowledge and use

• Given the newness of the CC team in Kenya, it is essential to build a strong community that understands the licenses, promotes sharing and remix culture. This would be a good starting point to better inform and deepen the use of the CC licenses and to spread their benefits. • We also wish to have a more diffused knowledge of the CC licenses in the jurisdiction. This includes encouraging the community to adopt the free licenses in distributing their work and expanding gradually to other areas.

Focus area: Legal interface

• As the Legal Lead, the NCLR will drive the CC Kenya team in interfacing with the legal and government communities. All CC work and information will be located on (or linked from) the NCLR website to be accessed freely by the public. Other legal issues will be addressed and dealt with as appropriate.

Focus area: Application of CC to various topics of interest

• At the CC Africa Regional Meeting in 2012, a number of topics were identified as of critical importance to engage with CC and the CC Kenya team. These included open education resources, government adoption, health, advocacy, ICT development, business models, and transparency. • The CC Kenya team will actively engage stakeholders such as the School of Open and the Open Data initiative within the Government of Kenya to see that the above topics are areas of focus.

Focus area: Website development and update

• This includes things like: a collection of case-studies or organisations using CC in Kenya (wiki); Acknowledge all CC KE volunteers and organizational supporters; Put more information about Creative Commons Licensing. This also involves the building of a mailing list through which we can keep the community informed and updated. • Why is it important? This will be a key source of information about Creative Commons Kenya. • Who benefits? All CC Kenya stakeholders

Focus Area: Increased engagement with International and regional stakeholders

• Frequent interaction with already established CC organizations will hasten the progress of this project. We are confident that tapping into the experience of existing CC communities will enrich the growth of the project through their support and contribution.

Focus area: In-depth training of selected individuals

• There exists a critical need in the region for individuals with in-depth training in areas of copyright, licensing, and business development around the CC philosophy of open access. This level of knowledge exceeds the basic understanding that is needed by most users of CC licenses. Typically, this level of specialized knowledge resides in lawyers or other IP specialists, but such knowledge is not common in East Africa. • We will address this need primarily through training of interns at CIPIT and/or NCLR. One or more interns will be engaged and tasked with learning the necessary background and practical knowledge to be able to advise CC users. It is hoped that the intern(s) will use the skills gained to further the CC cause even after their internship is completed.

Focus Area: Identify source(s) and secure funding for a Creative Commons Kenya affiliate

• While we will largely engage volunteers for a lot of the CC work, a basic minimum level of funding will be required to establish a physical presence and at least partial support for some people and activities. Localizing legal tools, promoting public awareness, translation of licenses to local languages, building out a web presence, all require funding and effort. Our focus must therefore include finding and securing core base level of funding.

Project Outputs

Detail tangible project outputs (e.g., events, papers, blog posts, video/films, etc.) for each focus area including an expected date of completion.

Focus Area: Outreach and Increasing License Use

• Project Output: Events / Blog posts / video & photo coverage of the events. Also FAQs and a practical manual (i.e., a toolkit) located on the CC Kenya website. • Expected start date - Expected date of completion: February to November 2013. • Team Member(s) Responsible: ALL, spearheaded by the Public Lead • How will this output help achieve your goals? Face to face meetings will help us improve the concept of a local community and will help us understand what are the community needs in our area. • Tentative schedule of events to be provided.

Focus Area: Legal standardization

• Project Output: translation of the license summaries; CC content available or linked on NCLR website, synchronized CC public sensitization events and create an interactive blog • Goal of Output: To secure government support & provide information to the public; to provide translated licenses • Expected start date: February 2013 • Expected date of completion: continual • Team Member(s) Responsible: NCLR

Focus area: Application of CC to various topics of interest

• Project Output: Engagement of the CC initiative with stakeholders in various sectors including music, publishing, film, government, and academia. • Goal of Output: Increased awareness that CC principles apply beyond the legal field • Expected start date: March, 2013 • Expected date of completion: 2013 • Team Member(s) Responsible: Douglas Gichuki, Michael Murungi

Focus area: Website

• Project Output: Modern website with features such as a news feed, information about Creative Commons, and a spotlight on Creative Commons content & initiatives in Kenya. • Goal of Output: To connect with the public & provide information. • Expected start date: March, 2013 • Expected date of completion: 2013 • Team Member(s) Responsible: Douglas Gichuki

Focus Area: International and regional engagement

• Project Output: material support, active consultancy engagement with regional and international stakeholders (e.g., CC affiliates across Africa, CC HQ, etc.) • Goal of Output: to share experience and knowledge, cultivate interaction through international seminars and social media • Expected start date: in progress • Expected date of completion: continual • Team Member(s) Responsible: Dr. Isaac Rutenberg

Focus Area: In-depth training

• Project Output: One or more individuals with significant training in the areas of copyright law, licensing, business development based on the Freemium model, etc. • Goal of Output: To begin the process of creating a community of highly-trained individuals who are able to spread the use of CC licenses, advise users of the licenses, and continue training others in such areas. • Expected start date: March 2013 • Expected date of completion: continual • Team Member(s) Responsible: Dr. Isaac Rutenberg

Focus Area: Fundraising

• Project Output: Kshs awarded/granted • Goal of Output: To secure sustainable funding. • Expected start date: February 2013 • Expected date of completion: ongoing, but the first round of applications to be completed in April 2013 • Team Member(s) Responsible: All.


• How will you evaluate your impact on focus-area 1 (Outreach)? Number of participants at the events & stakeholder groups represented. Numbers of documented cases using CC licenses. • How will you evaluate your impact on focus-area 2 (Legal Standardization)? The availability, download rate, and number of known links to CC licenses will be the primary factor in evaluating this area. Other measures include interactions with the creative community and inquiries by would-be users. • How will you evaluate your impact on focus-area 3 (Application to various topics)? Frequency of engagement with the sectors identified in this Roadmap; case studies of such engagement. • How will you evaluate your impact on focus-area 4 (Website)? Website traffic (eventually, as the site garnishes attention). Also, average number of new posts per month and average number of updates per month. • How will you evaluate your impact on focus-area 5 (International and regional interaction)? The number of International meetings/seminars/interactions engaged per annum and internal audits done per annum to measure conformity progress with CC international standards. • How will you evaluate your impact on focus-area 6 (In-depth training)? The skill level and competency of the intern(s) trained by CIPIT and/or NCLR will be evaluated to determine impact. • How will you evaluate your impact on focus-area 7 (Fundraising)? We will measure this area by our ability to meet our financial needs via funds raised.

Resources Required

What human resources or expertise must the team seek out or add to your existing resources, if any, in order to achieve your priority goals?

• Creative Commons Kenya has commenced operations with the team members described in the "Affiliate Team Information" section. These team members already cover a wide spectrum of expertise. We will seek to add to this expertise if and when the need arises. We will also work on building a broad network of volunteers and supporters. • We will seek out and engage one or more interns to learn the in-depth knowledge and training identified in the above goals.

How will you involve these people?

• Some involvement is already present. We will have bi-monthly meetings and supporters will be acknowledged on the website. • We will call for volunteers and interns through announcements on the website, social media, and in universities.

What technology resources must the team seek out or add to your existing resources, if any, in order to achieve your priority goals?

• Website development will require an experienced website developer and possibly an individual with artistic design experience.

How will you obtain these technology resources?

• We will advertise a call for volunteers and may seek assistance from the IT department at Strathmore and/or other universities.

What material resources must the team seek out or add to your existing resources, if any, in order to achieve your priority goals?

• Generally, there is a lack of practical and instructional information available to would-be users of the CC licenses in Kenya. The CC Kenya website will be a perfect forum for disseminating such information, which we plan to generate as a collaborative effort between the Public and Legal Lead organizations. For example, CIPIT has been developing a practical manual of IP identification, acquisition, and use. This model can be adapted and a similar manual will be created for the CC Kenya website. Furthermore, we will generate a FAQ section that will help CC Kenya reach those in most need of basic assistance. • From a variety of recent events such as the launch of the School of Open, it has become clear that there are numerous individuals in Kenya with an interest in driving the success of an open content platform. There is not, however, a centralized list of such individuals. We will create such a resource and make it available on the CC Kenya website. • We were very happy to have received SWAG from CC international for our inaugural CC 10 birthday event in Nairobi. These were very popular. We will be requesting more support of this kind from CC International.

How will you obtain these material resources?

• The manuals and FAQ content will be generated in-house at the Public and Legal Lead institutions. • Advertising and promotional materials will be requested via mail from CC.

How will you ensure your goals will be completed if unforeseen circumstances interrupt the project, such as changes in the leadership of the project or outputs taking longer to complete than anticipated?

• Regular meetings and open discussions among team members.

How will you communicate the project's on-going progress and setbacks within the jurisdiction and the CC Affiliate Network?

• Emails, ccAfrica mailinglist, our website, social media platforms, meetings • Updates to the African Regional Coordinators

How will you document the project so that others may replicate or learn from your efforts?

• Creative Commons wiki and our website (and through all of the above communication tools for that matter) • Comments on the roadmap


How could the jurisdiction's plans help drive or support other jurisdictions' activities?

• CC Kenya follows on an illustrious list of African jurisdictions using CC. We have the good examples from South Africa, Nigeria, Egypt, Uganda and others to learn from. We intend to actively court these CC jurisdictions for mentoring to assist us especially with the use of the 4.0 license. • We intend however to document our experience of setting up a CC affiliate team and disseminate it freely for other jurisdictions considering setting up such teams. We also intend to collaborate and offer support for sister CC jurisdictions by participation in, e.g., face to face meetings and workshops.

What are other jurisdictions doing that might support or contribute to the project?

• We are enamored by the jurisdictions that have been able to build CC communities amongst very culturally diverse communities. CC Brazil and CC South Africa are good examples we want to learn from.

Would you be interested in mentoring new jurisdiction teams? Yes.

Conversely, would you be interested in having a mentor from a more experienced jurisdiction team? Yes.

Suggest three possible projects on which you can collaborate with other teams on a regional level.

The Kenya CC team hopes to contribute to collaboration in Africa by: 1. Networking with team members from other jurisdictions for example by inviting them to events in Kenya to share their experiences or sharing success stories broadly about the application of CC licenses. 2. In addition, the Kenya CC legal team is to work closely with colleagues from South Africa, Egypt and Nigeria, and Uganda who have in-depth knowledge of CC licenses through their experiences in license porting, and in the use of the current 3.0 license. 3. We would like to collaborate for the deliberations on the 4.0 license.

How do you plan to contribute to these projects? Sharing of information and on an ad-hoc basis.


In what language(s) will you promote CC in the jurisdiction and why? At this point in time, it is only feasible to promote CC licenses in English. Yet, we aim at translating the Commons Deed into Swahili. We also intend to have the deed translated to various local languages.

In which of these languages are licenses already available? English; the unported license.