Musician and rapper Nyashinski has faced a setback in the initial round of a copyright infringement case filed against him by Nigerian music producer Sam Are Eliapenda. The case revolves around a multi-million shilling endorsement deal Nyashinski signed with Tecno Kenya Limited in May 2023.
While reports suggest the deal was valued at Sh12 million, Nairobi News could not independently verify this.
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On Friday, August 9th, Honorable Magistrate Selina Muchungi ruled that Nyashinski must produce the contract with Tecno, bank transaction records, and royalty reports for the songs in question to assist in resolving the case. This ruling followed an application by Sam Are’s lawyer, David Katee, requesting the court to compel Nyashinski to provide these documents.
Nyashinski’s legal team had previously contested the application, arguing that the plaintiff had not provided a valid reason for needing documents protected by a non-disclosure agreement between Nyashinski and Tecno.
Magistrate Muchungi stated, “The application dated 15th April 2024 is merited. After reviewing the relevant submissions and evidence, I found that the documents requested are necessary for the fair determination of this suit. The application is allowed as prayed. The pre-trial date is set for 25th September 2024.”
The contract details have become a focal point since Sam Are announced his intention to sue Nyashinski last year. He accuses the rapper of using the song ‘Wach Wach,’ which Sam Are produced, to promote and endorse the Tecno Camon 20 without his consent or compensation.
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While Sam Are and Nyashinski share 50 percent publishing rights for ‘Wach Wach,’ Nyashinski owns 100 percent of the master rights. Sam Are argues that he is entitled to a portion of the endorsement deal’s proceeds but claims Nyashinski has been uncooperative.
“Nyashinski and his legal team must produce the requested documents by September 25th, as per the court’s ruling. During the pre-trial on the 25th, we will inform the court if the documents have been provided. If not, we may seek to apply for contempt of court,” Katee told Showbuzz.