Kenyan musician Nonini (real name Hubert Nakitare) won a copyright infringement lawsuit against social media influencer Brian Mutinda for using his hit We Kamu in an ad promotion.
On March 23, 2023, the Milimani High Court ruled in favor of Nonini ordering Mutinda to pay the artist one million shillings in general damages and to remove the video depicting the nature of the incident from all social media platforms.
Nonini , in his lawsuit says that on or about the 30th of April 2022 Brian Mutinda social, a social media influencer created a short video meant to market the products of SYINIX ELECTRONICS which he posted on his Instagram page.
The same short video was reportedly posted on the verified Facebook page under the name SYINIX ELECTRONICS, in the said video, Nonini’s song by titled WE KAMU was synchronized with the visuals without a synchronization license contrary to copyright laws.
“In this case the influencer under the engagement of SYINIX ELECTRONICS used our client’s copyrights for his own financial gain and for SYINIX ELECTRONICS capitalistic gain without the permission of our client hence amounting to copyright infringement.” The lawsuit reads.
In this instance , synchronisation rights are at stake and as such, a synchronisation license was needed but you failed to procedurally procure the same.
A synchronisation license, according to lawsuit, can only be issued by the composer and publisher as they are the only ones with authority to negotiate and issue a synchronisation icense.
It is from the above foregoing that Nonini instructed Brian Mutinda and the Syinix Electronics to;
Immediately pull down the videos from their social media pages.
Issue a public apology in the same magnitude to Nonini and the same is to be posted on both SYINIX ELECTRONICS verified Facebook page and the influencer’s Instagram account and any other social media accounts held by the both of you, where the same was reposted.
Both parties to admit liability within the next7 days.
Nonini promised to engage Brian upon admission of guilt.
However, Brian chose to ignore the demand, and hence Nonini instructed his lawyer to institute legal proceedings against both of them ie Brian Mutinda and Syinix Electronics in a court of law.
