Intellectual Property
From Creativity To Compliance: Intellectual Property In Digital Marketing
By Victoria Gitari
In today’ s fast-paced digital economy, marketing campaigns thrive on creativity, including viral memes, catchy songs, slick visuals, and witty hashtags. But behind the excitement lies a legal reality: intellectual property( IP) is the backbone of digital marketing. Every photo, beat, logo, and slogan is someone’ s creation, and using it without the individual or entity ' s permission can quickly turn a viral hit into a costly lawsuit.
For businesses in Kenya, where social media and influencer marketing are booming, understanding the intellectual property dimension of digital marketing is no longer optional. It is essential for sustainable growth and brand protection.
The Legal Framework: Building Blocks of Intellectual Property in Marketing
Kenya’ s laws are well developed when it comes to safeguarding intellectual property( IP) in the digital marketplace, and marketers interact with these protections every day in their campaigns.
The Copyright Act, protects creative works such as music, videos, photographs, blog posts, and even social media captions. This is why brands must seek clearance before using popular songs or images in their advertisements.
The Trademarks Act shields brand identifiers: names, logos, slogans, hashtags, and distinctive packaging, which are increasingly central to building recognition online. The Industrial Property Act governs patents and industrial designs, which, while less common in advertising, can be relevant when promoting innovative products or unique designs.
Creativity may fuel marketing, but intellectual property law is the engine that keeps it running. Respecting intellectual property by seeking licenses, obtaining consent, and protecting one’ s own assets is not just a compliance issue. It is a strategic advantage in building credibility, protecting reputation, and ensuring long-term success in Kenya’ s evolving digital marketing space.
Beyond these traditional statutes, the Data Protection Act, 2019 has become central to digital marketing because it protects personal data and image rights, frequent flashpoints when consumer photos or influencer likenesses are used in campaigns. Kenya’ s commitments under international treaties such as the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights( TRIPS), and World Intellectual Property Organization( WIPO) agreements mean that infringements online can carry not just local but global consequences.
Every photo, beat, hashtag, or design used in a campaign falls under a legal regime that marketers must understand. Treating Intellectual Property as an afterthought
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