Nonini wins his copyright infringement lawsuit against influencer, Brian Mutinda
Nonini has emerged victorious in a copyright infringement case against influencer Brian Mutinda and a corporate entity, as per a ruling by Principal Magistrate H.M. Ng’ang’a at the Milimani Commercial Court in Nairobi.
The court found that Brian Mutinda and the corporate defendant had unlawfully used Nonini’s song “We Kamu” in a promotional video without proper authorization.
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Principal Magistrate H.M. Ng’ang’a concluded that the defendants infringed on Nonini’s copyright by synchronizing and distributing the song without his permission.
Nonini claimed that the song was included in a video posted by Mutinda on his TikTok account, which was later shared on the corporate defendant’s Facebook page, where Mutinda acted as an influencer.
He also noted that the video contained promotional material for the corporate defendant’s products, implying a commercial use of his song without a valid license.
The court established that neither Mutinda nor the corporate defendant had obtained a synchronization license or sought approval from Nonini for the song’s use, thereby violating his copyright and moral rights as an artist.
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Consequently, Magistrate Ng’ang’a ordered Mutinda and the corporate defendant to pay KShs 4 million in general damages to Nonini for the copyright violation.
However, the court dismissed Nonini’s request for aggravated and punitive damages, citing that the requirements for such awards were not satisfied.
Magistrate Ng’ang’a highlighted the importance of safeguarding intellectual property rights, emphasizing that artists have the authority to control and approve how their work is used.
This decision sets a significant precedent for the protection of artists’ rights in Kenya, stressing the importance of proper licensing and respect for creators’ intellectual property.
Nonini expressed his satisfaction with the ruling, highlighting its role in defending artists’ rights and preventing the unauthorized commercial use of copyrighted material.
