Tiktok influencer to pay Nonini Sh1million in copyright infringment case
Last year, a legal dispute was initiated by Kenyan musician Nonini, whose real name is Hubert Nakitare, against social media influencer Brian Mutinda for copyright infringement.
The dispute has recently been settled in favour of Nonini, with a judgment delivered on March 23, 2023, at the Milimani Commercial Magistrate Court.
Nonini’s lawsuit was filed after Mutinda featured his hit song ‘We Kamu’ in a video advert that promoted the latest television sets of the brand Syinix.
Also read: Explainer: David Moya can legitimately copyright famous TikTok dance moves
Nonini’s hit song was used without his consent or authorisation. The musician, therefore, sought redress in court, alleging copyright infringement.
The presiding judge ruled in favour of Nonini, stating that he had successfully proven his case.
Consequently, the judge awarded Nonini Sh1m as general damages for his copyright infringement.
Additionally, the judge directed the defendant to take down the unauthorised video featuring Nonini’s song on their respective social media platforms.
Following the verdict, Nonini expressed his satisfaction with the outcome and took to his social media to celebrate the ruling.
Also read: Copyright Dispute: Tanasha Donna threatens to file claims against Tanzania’s Tommy Flavour
Nonini’s official statement read, “Today, March 23, 2023, will go down in history (Year of the Jordan) and is a win for the Kenyan music industry #Mgenge2ru Vs the people who used my song ‘WeKamu’ to push a product. #CopyrightShallBeRespected.”
Nonini further noted that he had been involved in several copyright infringement cases running for years.
He also acknowledged that the court’s decision had set a precedent that would help protect the rights of artisets in Kenya and beyond.
The ruling in this case comes at a time when entertainment and intellectual property lawyer Liz Lenjo has cautioned content creators to seek clearance before using any third-party intellectual property.
She noted that brands that engage influencers must ensure that they have the necessary rights to use intellectual property assets such as music, pictures, or any other intellectual property, to avoid legal disputes.
Also read: Wakadinali sue social media influencer for copyright infringement