Kenyan singer and producer Mutoriah has filed a lawsuit against content creator Foi Wambui and OPPO Kenya, following unsuccessful negotiations over the alleged unauthorized use of his song Beta in a marketing campaign.
The artist had earlier issued a demand letter accusing both parties of copyright infringement, citing that his song was used without permission in a promotional video for the OPPO Reno 12 5G device.
The dispute began when Mutoriah noticed his song Beta was featured in a video created by Foi Wambui to market OPPO Kenya’s smartphone. The video, posted on Wambui’s social media platforms, was also shared and promoted on OPPO Kenya’s official pages for six days.
Mutoriah claims that the song was used without obtaining a synchronization license, which is required for pairing music with visual content, as stipulated by the Kenya Copyright Act.
In the demand letter, Mutoriah’s legal team highlighted that OPPO Kenya had heavily promoted the video as a sponsored post on Instagram, which violated his intellectual property rights.
Despite OPPO Kenya’s assertions that it had no direct involvement in contracting Foi Wambui and was not responsible for any copyright breach, Mutoriah’s team insists the company is liable for using his work without permission.
“We are informed that in the said video, our client’s song titled ‘BETA’ was synchronized with the visuals without a synchronization license contrary to the provisions of the Kenya Copyright Act Cap 130 Laws of Kenya. The same video was heavily promoted by Oppo Kenya as a sponsored post on Instagram for six days.” Part of the demand letter read.
Following the demand letter, Foi Wambui’s management and OPPO Kenya reached out to Mutoriah’s team in an attempt to resolve the issue out of court.
However, negotiations fell through after Foi’s management offered a settlement of KSh 50,000, which Mutoriah rejected, deeming it insufficient to cover the value of his artistic work.
Attempts to renegotiate the offer without increasing the compensation amount were unsuccessful, leading Mutoriah to instruct his lawyers to pursue legal action.
“Mutoriah will now go to court, these are the instructions he has given to his lawyers. The amount offered doesn’t reflect the true value of his artistic work, considering that this is a violation of his intellectual property rights.” A close source in Mutoriah’s camp disclosed.
OPPO Kenya, through its legal representative, Omore & Atieno Associates Advocates, responded to the demand letter, denying any wrongdoing.
The company stated that it had no prior knowledge of the alleged copyright infringement and asserted that the promotional campaign was managed by a third-party agency, Alfluence, which had contracted Foi Wambui for the video. OPPO Kenya maintains that any legal responsibility lies with the agency and influencer, not the company itself.
Despite these claims, Mutoriah is moving forward with legal proceedings, determined to seek justice for what he sees as a violation of his intellectual property rights. Sources close to the musician revealed that Mutoriah feels the compensation offered does not reflect the true value of his creative work, and he hopes the court will grant a fair outcome.
The legal battle marks a significant moment in the ongoing conversation around intellectual property rights in Kenya’s growing digital content and marketing industry. As the case progresses, it will likely highlight the responsibilities of brands, influencers, and third-party agencies in ensuring compliance with copyright laws.
This development also serves as a warning to creators and companies alike about the importance of respecting intellectual property and adhering to legal requirements when using music and other creative works in marketing campaigns.