Kenyan singer and producer Joseph Mwaura Mutoriah, popularly known as Mutoriah, has filed a legal complaint against content creator Karanja Wambui, better known as Foi Wambui, and smartphone manufacturer Oppo Kenya. The lawsuit stems from the alleged unauthorized use of his song Beta in a marketing campaign promoting the OPPO Reno 12 5G smartphone.
In a demand letter dated September 10, 2024, Mutoriah’s legal team accused Foi Wambui of using Beta without proper authorization in a promotional video shared on her Instagram around August 31, 2024. According to the letter, the video, which synced the song with visuals showcasing the OPPO device, violated the Kenya Copyright Act as it lacked a synchronization license.
The infringement, as stated in the letter, involves both Oppo and Wambui, as the video was used commercially in a campaign promoted as a sponsored post for six days. Mutoriah’s team argued that the intellectual property was exploited for financial gain without obtaining the necessary permission from the artist.
Mutoriah’s legal representatives further revealed that after being informed of the infringement, both Wambui and Oppo deleted the video from their social media platforms. According to Mutoriah’s lawyers, this action could be seen as an “admission of guilt.”
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Demands for Apology
As part of the legal demand, Mutoriah is now seeking a public apology from both Wambui and Oppo Kenya. He expects them to post the apology on their social media platforms within two days. The letter also mentioned that if the parties fail to comply, the singer would proceed with formal legal action against them.
Mutoriah emphasized that synchronization rights must be respected. Such rights require a license, which only the composer or publisher can issue. By not procuring this license, both the content creator and Oppo Kenya allegedly violated copyright law.
The singer has made it clear that once the involved parties admit guilt and issue the public apology, discussions on damages will follow. Mutoriah’s legal team stressed that they will ensure his intellectual property is respected and compensation provided for its unauthorized use.
This case brings attention to the importance of artists protecting their work, especially in the digital age, where intellectual property can be exploited for commercial purposes without proper licensing. If it proceeds to court, this lawsuit could set a significant precedent in Kenya regarding copyright infringement.