Mutoriah Takes on Oppo Kenya and Influencer Foi Wambui in a Copyright Clash

If you use social media quite frequently you know digital marketing is at it’s peak with brands rushing to hire content creators to market their products, however, there is a slight issue, the use of copyright material. a few days ago, Nonini, who was a major artist back in the day was awarded Kshs 4 million in compensation by a Kenyan court after winning a copyright victory against a popular content creator, now another legal battle is brewing in Kenya’s entertainment scene, this time featuring Afro-ElectroPop artist Mutoriah. The musician, known for his popular track “Beta,” is accusing Oppo Kenya and influencer Foi Wambui of using his song without permission in a promotional video for their recently released Oppo Reno12 5G smartphone.

Mutoriah says Foi Wambui used his song in a social media post on August 31, showcasing the new Oppo Reno12 5G, and while the video might have been a great piece of marketing, there was one big oversight— they used his song “Beta” without securing a synchronization license, which is needed when music is used in visual media. That’s a pretty serious misstep in the world of copyright.

This case is drawing parallels to Nonini’s recent legal win, where he successfully sued content creator Brian Mutinda for using his song in an advertisement for Syinix TVs without his permission. Just like Nonini, Mutoriah seems determined to stand up for his rights and is prepared to pursue legal action if necessary.

Mutoriah’s legal team has already sent a demand letter, dated September 10, which alleges that Foi Wambui’s video, prominently featuring “Beta,” was aggressively pushed on Instagram by Oppo Kenya as a sponsored post for six days. When Mutoriah’s team contacted Oppo and Foi, the video was swiftly removed from social media. However, Mutoriah’s lawyers argue that taking down the video isn’t enough—they see it as a clear admission of wrongdoing.

Mutoriah is demanding a public apology from both Oppo Kenya and Foi Wambui within two days, failing which he plans to take the matter to court.

This incident highlights the ongoing challenges in Kenya’s digital advertising space, where the lines between content creation and copyright infringement can sometimes blur. It’s a stark reminder that using someone’s music requires proper permission and respect for the artist’s work. Just like Nonini’s case, Mutoriah’s fight could have significant implications for copyright laws and protections in Kenya.

Oppo and Foi have yet to issue any public response, but with Mutoriah’s legal team ready to escalate, this dispute could turn into another landmark case in the country. As Kenya’s entertainment and advertising sectors evolve, these legal battles underscore the importance of upholding creators’ rights and could pave the way for more robust protections in the future.