Kenyan singer Joseph Mwaura Mutoriah, widely known as Mutoriah, has initiated proceedings against content creator Karanja Wambui, also referred to as Foi Wambui, alongside smartphone manufacturer Oppo Kenya.
The accusations stem from the alleged unauthorized use of Mutoriah’s song “Beta” in a marketing campaign promoting the OPPO Reno 12 5G device.
According to a demand letter from Mutoriah’s legal team, dated September 10, 2024, Foi Wambui is accused of synchronizing the song with visuals in a promotional video posted to her Instagram account around August 31, 2024.
The letter states that this action was done without securing a necessary synchronization license, contravening the Kenya Copyright Act Cap 130.
The letter highlights that the video was heavily promoted by Oppo Kenya as a sponsored post for six days, indicating the intellectual property was exploited for commercial gain without proper authorization.
“Synchronization rights are at stake, and a proper license was needed,” the letter emphasizes.
Mutoriah’s team further asserts that after being contacted regarding the infringement, both Foi Wambui and Oppo promptly deleted the video from their social media platforms, which Mutoriah’s lawyers interpret as an “admission of guilt.”
As part of his claim, Mutoriah demands a public apology from both parties on their respective social media channels within two days, citing that the refusal to comply may lead to formal legal proceedings.
The singer’s legal advocates have indicated that they will discuss damages following the admission of guilt, laying the groundwork for a potentially precedent-setting case in Kenyan copyright law.
