The Milimani Commercial Court in Nairobi has ruled in favour of musician Nonini against social media influencer Brian Mutinda and electronics company Syinix.
The dispute centred on the unauthorized use of Nonini’s hit song “We Kamu” in a promotional video for Syinix Electronics, created by social media influencer Brian Mutinda. Principal Magistrate H.M. Ng’ang’a of the Milimani Commercial Court in Nairobi delivered the ruling, which found both Mutinda and Syinix Electronics liable for copyright infringement. The court’s decision stems from a 2022 incident where Nonini discovered a video on social media featuring a substantial portion of his song being used to promote a television set. Nonini had publicly expressed his frustration at the time, highlighting the lack of permission sought for the use of his intellectual property.
During the trial, Nonini’s legal team successfully argued that Mutinda’s use of the song exceeded the boundaries of fair use, given its substantial nature and commercial intent. The court was presented with evidence in the form of the promotional video which depicted Mutinda welcoming a woman to his home to view a Syinix-branded television. Notably, the skit was synchronized with the lyrics of “We Kamu,” further substantiating the unauthorized use of Nonini’s work. In her judgment, Principal Magistrate Ng’ang’a emphasizes the clear connection between the video content and the song’s lyrics, stating that this synchronization proved, on a balance of probability, that Mutinda had deliberately incorporated Nonini’s song into the video creation.
The court has ultimately ruled that this use constituted copyright infringement rather than fair use. As a result of the ruling, Mutinda and Syinix Electronics have been ordered to pay Nonini Sh4 million in general damages, along with covering the cost of the suit and interest. Nonini hails the court’s decision as a triumph for creators’ rights, expressing gratitude for the upholding of his intellectual property claims. He uses this opportunity to encourage fellow artists to remain vigilant in protecting their work, noting that this case could serve as a precedent for similar disputes in the future.
The ruling is particularly noteworthy as it follows an earlier decision that had overturned a Sh1 million damages claim against Mutinda and Syinix Electronics due to their failure to appear in court. This recent judgment not only reaffirms Nonini’s rights but also establishes a significant legal precedent for copyright infringement cases in Kenya. Furthermore, Nonini’s victory emphasizes the need for stronger enforcement of copyright laws to protect artists and creators. The 2021 Copyright Amendment Bill, signed into law by former President Uhuru Kenyatta, aims to address these issues by providing enhanced protection for artists and ensuring fair compensation for their work.
Industry stakeholders, including the Music Copyright Society of Kenya (MCSK), have praised the bill for its potential to transform the music industry and improve artists’ livelihoods.
