Rapper Nonini Wins Copyright Case, Awarded Ksh.1 Million
Hubert Nakitare, popularly known as Nonini, a pioneer of genge music, has won a copyright infringement case in a landmark ruling that has set precedent in the Kenyan creative space.
Last year, online influencer Brian Mutinda used Nonini’s legendary song ‘Wee Kamu’ in an advertisement for TV manufacturing company Synix without permission.
Brian Mutinda and Synix Electronics were named as the first and second respondents in the lawsuit, respectively.
Nonini initially responded to the ad with a tweet, writing, “Syinix Electronics decided to use my song WeKamu in a brilliant advertisement. The only issue is that they did not seek permission.”
Less than a year later, the Milimani Commercial Magistrate ruled in favor of Nonini. Nonini was awarded Ksh.1 million in general damages for copyright infringement, and Mutinda was ordered to remove the unauthorized video from his social media platforms.
In response to the news, Nonini stated that the date of the case’s conclusion will “go down in history.”
“Today, March 23rd, 2023 will go down in history (Year of the Jordan) & is a victory for the Kenyan Music Industry #Mgenge2ru vs the people who used my song “WeKamu” to push a product,” he said.
According to the rapper, who has been responding to questions about the case on Twitter, the case began on July 27, 2022, and ended on March 23, 2023.
Nonini praised the speed with which the case was resolved, saying, “That was lightning fast! I have at least three others with large corporations who have been in court for 5 years and counting.”
Nonini was represented by intellectual property lawyer David Katee, who also celebrated the news on Twitter. We simply tweeted, “We Won!”
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In response to a query from GossipA-Z, the advocate stated that they would be receiving the physical copy soon, most likely by Monday.
“Yesterday, the verdict was read aloud. We have yet to receive a physical copy, but it was ordered that they pay Nonini Kshs 1 million in general damages, remove the infringing content from all of their platforms, pay Nonini’s costs of the suit (and also) pay interest at the court rate “He stated.
Nonini, clearly ecstatic, also quoted a popular ’50 Cent’ line while demanding his money, saying, “General damages, plus suit costs and interest! I’m going to need it by Monday!”
Katee told GossipA-Z over the phone that he was overjoyed with the ruling and that, like land, intellectual property was property.
“We are overjoyed with the outcome. I’m an intellectual property lawyer, and this isn’t my first time dealing with a situation like this. This is something I do every day. Intellectual property, like any other property, must be protected, just like a piece of land. Someone cannot simply trespass onto your property and get away with it. You file a lawsuit against them. The same thing happens in these types of cases. Someone has put in a lot of effort to create content that the public consumes. You cannot simply wake up and use someone else’s property without the owner’s permission “Nonini’s lawyer, David Katee, stated.
“An artist spends a lot of money recording a song, doing multiple takes, mixing and mastering it, and filming an expensive video.
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Today, the cheapest high-quality video costs Ksh.300,000.
Consider how much money the artist has spent for you to now decide to use their property for free.
Corporates must understand that permission is required before using someone else’s hard work.”
Nonini rose to prominence in the early 2000s as one of the pioneers of the now-famous ‘Genge’ sound.
The song at the center of the lawsuit, ‘We Kamu,’ became a nationwide hit when it was first released in 2003.
The song also gained popularity among Kenyan conservatives, who labeled it “immoral and too explicit.”
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