Nonini Announces Breakthrough In Case Against Brian Mutinda
Nonini has been sharing a Twitter thread since July 27, 2022, containing updates on the case...
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Legendary rapper Hubert Mbuku Nakitare, alias Nonini has issued an update on the lawsuit he filed against content creator and influencer Brian Mutinda and a multinational electronics company over infringement of copyright.
In a statement on Thursday, January 26, the Manzi wa Nairobi hitmaker revealed that March 23, 2023, will be a big day for him in the case whereby he accused the social media influencer of publishing a short video meant to market one of the products of the company on his Instagram page and using one of his songs, which he argued were used without his permission.
“It's January 26th 2023! I shared the first Tweet on this Thread in July 2022 and Pinned it. I said I will unpin this thread when the matter ends.
Popular social media influencer, Brian Mutinda. /MUMA PIX
"Well. Mark your calendars! 23rd March 2023. 23 the year of the Jordan (Si Tafadhali- and it's not please),” Nonini stated.
Nonini has been sharing a Twitter thread since July 27, 2022, containing updates on the case, including an update from the Kenya Copyright Board (KECOBO) on the same.
The short video in question was published on the company's verified Facebook page and used his hit song, We Kamu, to synchronise with the visuals without a synchronisation license, which is against copyright laws.
Nonini also accused Mutinda of using his copyrights for his own financial gain and for the capitalistic gain of the company without his permission, which is an act of copyright infringement.
“In this instance, synchronization rights are at stake and as such, a synchronization license was needed but you failed to procedurally procure the same. The same synchronization license can only be issued by the composer and publisher as they are the only ones with the authority to negotiate and issue a synchronization license,” part of the demand letter read.
The rapper demanded both parties to issue a public apology posted on their social media accounts and pull down the video from their pages immediately. In addition, both parties should admit liability within the next seven days.
However, both parties argued in their response letter that the company had no reasonable grounds for suspecting the subsistence of copyright in the video.
It also did not admit liability but opened the floor for Nonini to issue a synchronisation licence to it for the song.
“That the above notwithstanding and without admission of any liability and on a without prejudice basis, our client is interested in discussing with yours the possibility of your client issuing ours with a synchronization licence in respect of the song in question and to that end we shall appreciate knowing your client's position on the same at your earliest convenience,” read part of the response letter.
Nonini however insisted that he would only engage them on the matter once reparations for the infringement of his copyrights have been settled. His lawyers added that they would only engage them on his behalf upon their admission.
He warned that ignoring the aforementioned conditions would lead to them receiving court summons on their behalf.
After Nonini's lawsuit, other musicians such as rap group Wakadinali followed a month later in suing Mutinda for using their Geri Inegi song in one of his content pieces, adding that attempts to resolve the matter out of court went up in smoke.
Music group Wakadinali. /YOUTUBE
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