Mutoriah Threatens Legal Action Against Content Creator Foi Wambui and Oppo Over ‘Beta’ Song
Singer Joseph Mwaura Mutoria, known professionally as Mutoriah, has initiated legal action against content creator and actress Karanja Wambui, also known as Foi Wambui, and Oppo Kenya, a smartphone manufacturer, for alleged copyright infringement involving his song “Beta.”
According to a demand letter from Mutoriah’s legal team dated September 10, 2024, and reviewed by Nairobi News, Mutoriah accuses Foi and Oppo Kenya of using his song in a promotional video for the OPPO Reno 12 5G without obtaining his consent.
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The letter states: “On or around August 31, 2024, your brand influencer, Karanja Wambui, also known as Foi Wambui, created a promotional video for the OPPO Reno 12 5G, which she posted on her social media accounts, including Instagram under her handle Foi_Wambui_.”
It continues: “In this video, our client’s song ‘Beta’ was used with the visuals without a synchronization license, which is a violation of the Kenya Copyright Act Cap 130. This video was also heavily promoted by Oppo Kenya as a sponsored post on Instagram for six days.”
Mutoriah asserts that Foi and Oppo Kenya used his song for commercial purposes without authorization. The letter explains: “Synchronization rights are involved, and a proper synchronization license was required but not obtained. Only the composer or publisher can negotiate and issue such a license.”
Mutoriah’s management team contacted Foi and Oppo Kenya regarding the issue, leading to the removal of the video from social media. This removal is considered an “admission of guilt” by Mutoriah’s legal representatives.
Mutoriah is demanding a public apology from Foi Wambui and Oppo Kenya to be posted on both parties’ official social media accounts within two days. Failure to comply will result in legal proceedings. The letter concludes: “We will discuss the compensation amount after your acknowledgment of guilt. If you ignore this demand, we are instructed to pursue legal action against both parties.”