Maybe it will be a good time we copied our Lawyer ( Abbas's namesake : :-)
) for advise?



On Tue, Jul 3, 2012 at 11:11 AM, stephen wanjau <wanjaus...@gmail.com>wrote:

> Hello!
>
> Yes, *right to access* is enshrined in the Kenyan constitution. What of
> how you use the material/information that you gained access to?
>
> For instance, photographs of Mzee Jomo Kenyatta while he was in young etc.
> Yes we can access the photograph but are we allowed to use it in any way we
> wish (*freely*) and for that matter upload it to commons where we will no
> longer have control of what and where it will be used for illustrations or
> any other purpose.
>
> IMO, We need to know about copyright expiry of some of these works
> according to the laws of Kenya, and the authors desired ways of attribution
> if any to ensure we do not step on anyone’s toes.
>
> I would be interested to know whether there is a clause or chapter in our
> constitution that addresses the issue of intellectual property since it is
> the supreme law of Kenya.
>
> PS: Anyone with a soft copy can as well forward the same.
>
> //Stephen
>
>
> On Tue, Jul 3, 2012 at 10:02 AM, Abbas Mahmood <abbas...@hotmail.com>wrote:
>
>>  I usually use the Kenyan Constitution (Article 35 in the Bill of
>> Rights) to argue my standpoint:
>>
>> "...every citizen has the right to access to information held by the
>> state or any information that is held by another person and that is
>> required for the exercise or protection of any right or fundamental
>> freedom."
>>
>> --Abbas.
>>
>> ------------------------------
>> From: stevewan...@wikimedia.or.ke
>> Date: Tue, 3 Jul 2012 09:46:49 +0300
>>
>> To: wikimediake@lists.wikimedia.org
>> Subject: Re: [Wikimedia Kenya] Kenya National Archives and other GLAM
>> projects
>>
>> Hello Wikimedians!
>>
>> As the talks and discussions for partnerships fair on, we also need to be
>> preparing in the background some tools that will be handy during the
>> collaborations with the institutions in question.
>>
>> Such tools include but not limited to; Wikimedia commons KE licence
>> templates, Customized barnster awards for members who contribute to
>> WP:KENYA etc.
>>
>> From my English understanding of the Kenya copyrights act , (since I
>> ain't no lawyer: ) I understand that the copyright act of Kenya has some
>> special provisions for local works of art and photography. You can get a
>> copy of the copyright act at [1].
>>
>> Please Note: Am not a lawyer and I have no legal background locally and
>> internationally and thereforeany advise that I give should not be taken as
>> any form of legal advise.
>>
>> Have a good day.
>>
>> regards
>> //Stephen
>>
>> 1. http://www.copyright.go.ke/rough/copyright_act.pdf
>>
>> On Mon, Jun 18, 2012 at 3:03 PM, Iolanda Pensa <iola...@pensa.it> wrote:
>>
>> dear all
>> to involve institutions I think a good strategy is - as Stephen suggests
>> - to start. Below some hints related to my experience with GLAMs within
>> Share Your Knowledge and WikiAfrica projects.
>> all the best
>> iolanda
>>
>> 1. if it can be useful we just made two short videos about GLAMs,
>> Creative Commons and Wikipedia (in English, the voice was recorded in south
>> africa by the Africa Centre and one of them is the voice of Francis Awinda
>> - wikipedian in residence at the Africa Centre from Kenya).
>> * Share Your Knowledge WHY - http://www.youtube.com/watch?v=CPWc18LswRM
>> * Share Your Knowledge HOW - http://www.youtube.com/watch?v=ZpYmtRmPdUc
>> you find the videos also on Wikimedia Commons [1]
>>
>> 2. it can be productive to focus on specific contents. for example you
>> can ask a publisher to release with the open license cc by-sa only the
>> biography of their authors and their book description; for an archive the
>> story of the institutions (often already on their website); for an NGOs
>> some of their promotional publications. those are contents institutions
>> wish to share and they have less troubles in sharing. once they get started
>> is easier to get more because they see how their contents are used.
>>
>> 3. Public archives and museums are often the most difficult institutions
>> to involve in contributing to Wikipedia because - also if they understand -
>> they do not know who can take the decision. Often they also require a
>> formal agreement (which makes the collaboration even longer). it can be
>> useful to target also NGOs, foundations and other private institutions, to
>> get started and to be able to then tell the public sector "hey, THEY are
>> already doing it".
>>
>> [1] On Wikimedia Commons - Share Your Knowledge video 1 WHY (with final
>> link to glamwiki.org)
>> http://commons.wikimedia.org/wiki/File:Share_Your_Knowledge_1_Why_glamwiki.ogv
>> On Wikimedia Commons - Share Your Knowledge video 2 HOW (with final link
>> to glamwiki.org)
>> http://it.wikipedia.org/wiki/File:Share_Your_Knowledge_2_How_glamwiki.ogv
>>
>> Il giorno 18/giu/2012, alle ore 06:20, Stephen Wanjau ha scritto:
>>
>> Hello Folks!
>>
>> I have been physically following up on the subject of this email
>> (together with Abbas and Alex) for sometime now and it seems the logistics
>> and the speed with which these institutions are planning this are so slow
>> that I feel I cant wait any longer. Those of you who have worked in the
>> Kenyan government or for the Kenyan government definitely understand my
>> concerns regarding the periods that they would take to decide on such a
>> simple thing on what to do - probably call an AGM of the stakeholders.
>>
>> In most of the cases, these guys do not understand the online stuff or
>> even how the internet works let alone Wikipedia (which is our work anyway).
>> At the end they will come to appreciate that it is a good thing - which it
>> is always is.There was a time when we visited the Kenya Railways museum and
>> the curator there was always confusing their institutional website with
>> Wikipedia. He thought Wikipedians job is to improve organizational
>> websites! we clarified and made it clear about this and on the next meeting
>> he was at it again!
>>
>> On our meeting with another directorate of the National Museums of Kenya,
>> he asked whether he could find Wikipedia on Google search. the exact
>> conversation was as below.
>>
>> *Alex*: Hello, My name is Alex and am here with my colleague Steve and
>> we work at Wikipedia. Wikipedia is ...blah blah blah....
>>
>> *Museum directorate*: Do you mean if I search Wikipedia  on Google I
>> will find it? (Was just hilarious:)
>>
>>
>> Personally, I have not spoken to Kenya Archives about GLAM (though Abbas
>> did). But I think we should just go ahead and organize editathons at this
>> premises and this is why.
>>
>> On Sunday 17th 2012 I was to meet with a friend in town who was running
>> late and so I decided to part with 50 Kenyan shillings ($0.5) and enter the
>> premise (Kenya National Archives) just to see what it holds. Plus I did not
>> want to stand along the streets or sit on the benches due to the frequent
>> IED attacks in Nairobi. It is rich in artifacts and even books about
>> history of Kenya, royal visits to Kenya, Kenyatta's famous chair and to
>> crown it all they have a library with articles about all these treasures.
>> The receptionist in fact encouraged me to take photos with a camera even
>> before I asked for permission. She even encouraged me to become a member of
>> their library and I only needed to part with 200 KES for a year as
>> subscription to access the material plus the artifacts of course.
>>
>> My question is, can't we pay for this subscription and start using the
>> library to write articles about Kenya now that they have offline references
>> there? Probably on Weekends or even weekdays depending on the time one is
>> free. I think the chapter can cushion the subscriptions if that would
>> hinder any Wikipedian from accessing the facility. The internet shall
>> definitely be provided.
>>
>> Kenya is still dark and still in the dark continent. Can't we illuminate
>> it with some light......?
>>
>> My thoughts.
>>
>> //Stephen
>> --
>> Wikimedia Kenya
>> Board Member & Treasurer
>>
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-- 
Regards,

Limoke Oscar,
"*point me to the destiny,and I will curve my own path to it *"
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