Ugandan rapper: Big companies stole my music
Ugandan rapper Keya Nemesis is looking to sue American film, music and video distribution company The Orchard, which is owned by Sony Music Entertainment, 51 Lex Records, a label and music publisher based in London, and Africha Entertainment, an East African distribution and licensing company based in Kenya, for copyright infringement.
The rapper, who began his European tour last week, told Music In Africa that he would seek advice from copyright experts on how best to deal with the three companies, which have allegedly benefitted financially from the sales of his two albums.
“I am super excited and looking to make my mark on bigger stages with a new crowd since it is my first time performing in Europe,” he said. “But most importantly, I want to take on Orchard Music for pirating my music as well as benefitting financially under false representation of my images, brand and music. This has been an uphill task from all the way here in Uganda.”
Keya Nemesis said he made the discovery in 2016 after an online search revealed that his YouTube account had been monetised by The Orchard, with 20 of his songs uploaded on major music platforms such as iHeartRadio, iTunes and Spotify.
“They have been masquerading as my label and presenting my work as their own,” Nemesis said. “I am glad an opportunity presented itself for me to come to Germany where lawyers have experience dealing with such complicated cases. I intend to start with Orchard Music by seeking litigation through their offices in the UK or the US.”
In an email dated 17 May 2017 seen by Music In Africa, Keya Nemesis confronted The Orchard about the alleged infringement but he was referred to 51 Lex Records.
Keya Nemesis then wrote to 51 Lex Records: “This email address has been forwarded to me by Orchard Disputes following a query about the illegal sell and misrepresentation of the artist Keya Nemesis and his music. Orchard Music has made it clear that 51 Lex Records authorised this infringement on my intellectual property and hence I would like you to give me the full accounting details of how much revenue was made from the sale of the music on the various distribution platforms you authorised."
The correspondence with 51 Lex Records reached a stalemate, forcing Nemesis to seek legal counsel. He then wrote back to The Orchard through his lawyer Paula Namusitwa, requesting that the company liaise with 51 Lex Records to provide information about the artist's music sales.
In an interesting turn of events, The Orchard lifted the blame from 51 Lex Records and claimed it had received authorisation from the Uganda Performing Rights Society (UPRS) via Africha Entertainment.
“My lawyer queried UPRS and Africha Entertainment on why they authorised the sale of my music, yet I am not registered with either of them. She got no straightforward explanation. She advised that I take it up with Orchard Music since they are in a better position to know how much revenue was made and who collected it. That way I will have all the evidence to confront Africha Entertainment and 51 Lex Records.”
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