Kenya: Nonini wins We Kamu copyright dispute

In August last year, Nonini sued social media influencer Brian Mutinda for using his hit song ‘We Kamu’ without his consent in a video promoting Syinix TV.

In what Nonini termed as a win for the Kenyan music industry, the Milimani Commercial Magistrate’s Court on Thursday ordered Mutinda to pay the rapper Ksh1m in general damages. He was also directed to take down the offending video from all social media platforms.

“Today, 23 March 2023, will go down in history and is a win for the Kenyan music industry; #Mgenge2ru versus the people who used my song ‘We Kamu’ to push a product. #CopyrightShallBeRespected,” Nonini wrote on social media.

The artist said he was forced to seek legal redress after attempts to resolve the matter with the influencer outside of court were rejected. He added that he hoped the court’s decision would set a precedent to help protect the rights of artists in Kenya.

Mutinda is facing another copyright violation case filed by gengetone group Wakadinali. In that case, also filed in August last year, Wakadinali is suing Mutinda for using its song ‘Geri Inengi’ in an online advertisement for KCB Bank without approval.

The group, just like Nonini, said Mutinda had declined to heed requests for an out-of-court settlement. “It is with great sadness that we bring this to the public, our music has been infringed upon by some entities and we tried to resolve it privately but they refused to settle with us,” Wakadinali said on Twitter.

Leading Nairobi-based intellectual property lawyer Elizabeth Lenjo has cautioned content creators to seek clearance before using any third-party intellectual property. She says brands that engage influencers must ensure that they secure the necessary rights to use assets such as music, pictures or any other intellectual property to avoid legal disputes.

“Kenya’s Copyright Act is clear about the rights granted to copyright holders and the control they have over their works. Failure to get such permission from the rightsholder amounts to copyright infringement,” Lenjo told Music In Africa last year.