Veteran hiphop artiste Hubert Nakitare, popularly known as Nonini has won a case he filed against Japanese company Syinix electronics and influencer Brian Mutinda for copyright infringement.
Mr. Mutinda used one of Nonini's famous hits, “We Kamu”, in a video advertising a new flat-screen TV from Syinix.
Nonini filed the suit at Milimani Law Courts in July 2022 under case number E4007 2022.
In a recent post on his Instagram page, the US-based Kenyan artiste said that the dispute had been settled in his favour.
A judgment was yesterday delivered at the Milimani Commercial Magistrate Court with the presiding judge stating that Nonini had successfully proven his case.
The judge awarded Nonini Sh1m as general damages for his copyright infringement and directed that the defendant take down the unauthorised video featuring Nonini’s song on their respective social media platforms.
After the verdict, Nonini has expressed his satisfaction with the decision. On his various social media platforms, Nonini said:
"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 advised Kenyan artistes to go and fight for their work which had been unlawfully infringed.
"I have several copyright infringement cases in court that have been running simultaneously, some for several years."
Nonini had earlier on talked about the importance of getting licences to use their music, no matter how small a portion of the song is used, especially for commercial purposes.
"If a song is synced on a video, you will need to pay the composer of the song, no matter how small the portion of the composition is used," he said.
"Music rights holders know how to defend their rights, and not having a sync licence puts your company at risk. The music industry earns its revenue from copyrights, and so music rights holders please take legal action against any form of infringement."
He also outlined the procedure an artiste should take if their content is used without their permission.
"Make the infringing party aware that they have infringed your rights through an initial demand letter," he said.
"Give them the right to respond. Sometimes, it’s someone who is ignorant and has no idea what they were doing."
When they respond to your letter, (where) they know very well they are in the wrong but they will not admit it, at this point, they have the option to discuss the matter or thump chest to test you. It’s called 'Uta do nini?' mentality."At that point you have no option other than to file a case in court."
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