Infringement of Copyright occurs where a third party performs any of the exclusive acts granted to the author/rights holder without the authority of the rights holder and the said acts do not fall within the exceptions and limitations provided for under section 26 of the Copyright Act Cap 130 of the Laws of Kenya. The exclusive acts include the right or reproduction, distribution, communication to the public, broadcasting, making available, rental or hire, sale, adaption and translation.

This can give rise to both criminal and civil liability. Under Section 35, copyright infringement which gives rise to civil liability includes the exercise of the exclusive rights granted under Section 26 of Cap 130 as well as the importation of the copyright works or the rights granted under section 30 in relation to performers or circumvents the effective technological measures or rights management information without the authority of the rights holder.