Introduction

Creative industries refer to industries that have their origin in individual creativity, skill and talent which have the potential for wealth and job creation through the generation and exploitation of intellectual property. Simply put, creative industries refer to businesses with creativity at their heart. This would include design, music, publishing, film, visual arts and any other range of economic activities that are concerned with the generation and commercialization of creativity, ideas, knowledge and information.

A key feature of the creative industry is that its origin is rooted in individual creativity which fosters a suitable breeding ground for the interplay between human creativity, ideas, intellectual property, knowledge and technology. Owing to the above concept, the creative industry is that which combines the creation, production, and commercialization of creative content, which can have the form of a good or a service.

Creative industries are considered one of the fastest growing sectors in the global economy. This is due to the fact that they are a driver of innovation and a source of creative skills with strong backward and forward linkages in the economy. The same act as magnets which help drive growth in other sectors. Owing to this important feature, various governments have put in place mechanisms and policies that seek to foster the growth of the creative economy in their respective jurisdictions. Kenya is no stranger to this initiative as it is in has since drafted a Creative Industries Bill, 2023 (the “Bill”) that seeks to nurture and support the development of the creative industries within the country.

Key features of the Creative Industries Bill

1. Applicability

Owing to the broad coverage of creative industries, the provisions of the proposed Bill will be limited to visual arts and crafts, performing arts, literary arts and design and creative services. Noting that the above Bill will focus on development within the creative industry, the same will not reflect in relation to intellectual property rights. Nonetheless, various legal instruments exist in regard to protecting intellectual property such as the Copyright Act, 2001 and the Trademarks Act Cap. 506 Laws of Kenya as some examples. Since intellectual property is integral to the advancement of the creative industry, it will be interesting to note how protection of intellectual property will be advanced within the creative industry.

2. Support measures for the creative industry

a) Infrastructure support

As has been previously stated, creative industries are the lifeblood of an economy. It is considered to be an important source of commercial value and as a result, the proposed bill seeks to harness various avenues in which the creative industry may be gainfully exploited by all the involved stakeholders by providing the following support systems:

• Provision of subsidized rental schemes for studios;
• Setting up training centers which are centered on honing skills and productivity of creatives;
• Provision of digital infrastructure, including internet connectivity, cloud services, and content distribution platforms;
• Putting in measures such as promoting public-private partnerships;
• Availing shared service facilities for collective use, such as machinery, equipment, tools, systems, and other requisite tools; and
• Facilitating access to incubation and accelerator programs, providing resources, mentorship, and guidance for budding ventures within the creative industries just to name a few.

 

b) Research Funding

The above shall be availed to persons advancing projects aimed at resolving specific challenges within the creative industries through appropriate scientific and technological interventions and seek to expedite the adoption and commercialization of innovations developed within creative industries.

c) Provision of credit

In line with nurturing and supporting the creative industry, the Bill seeks to cater to the provision of financial assistance through credit. The same would be effected through collaborating with affiliated financial institutions to formulate credit facilities tailored to suit the creative industry, promoting financial literacy programs specific to the creatives industry and engaging with international financial partners to harness best practices and financial support for the creatives industry.

d) Designation of creative clusters and development hubs

In a bid to foster collaboration among various stakeholders within the industry, the Bill seeks to promote the creation of creative clusters and development hubs which will work to provide an array of services ranging from tax reliefs, tax incentives, provision of access to essential resources, tools, and equipment for the creatives; offering training, mentorship, and capacity-building programs specifically designed for creatives; facilitating interaction, collaboration, and partnerships within the sector; and showcasing and promoting local creatives to a wider audience, both domestically and internationally.

Conclusion

Other key features of the bill include creation of a creative industry development fund, creating a one-stop service center for creatives, green incentives and registration of creative industry organizations.

Currently, as it stands, the State Department for Youth Affairs and Creative Economy is in the final stages of conducting public participation for the draft bill. Hopefully, with the incorporation of various views from relevant stakeholders, the Creative Industries Bill will grant appropriate parties relevance and access to the market and consequently promote a vibrant and beneficial industry for all those that it seeks to benefit.

How can we assist you?

Netsheria International can advise you on setting up of the appropriate business entity for various creative industries and assist in compliance of the entities with the provisions of the Bill. Please contact us for our services via email or visit our website for more information on our services.