Read more copyright and music related articles written by Muriuki Kiai here Muriuki Kiai, is an Expert in Africa's Music Industry, and Database and Copyright Manager at Mdundo Kenyan artist Nonini has been awarded Ksh 4 million Kenya Shillings in damages for copyright infringement. The defendant, Syinix, along with a well-known content creator, illegally used Nonini's song in an advertisement without obtaining a synchronization license from the artist, who holds the copyright.
This case raises important questions about the role of copyright in the digital era. I had an interesting conversation on this topic a few weeks ago with content creators and other industry players. Many argued that content creators and artists should collaborate regardless of licensing, emphasizing that content creators often contribute to the success of songs by using them on digital and social media platforms. They believed that such use promotes the music and the artists themselves.
However, this perspective overlooks a crucial legal and ethical aspect. Let's break it down.
Platforms like Instagram, Facebook, TikTok, and YouTube pay royalties to artists when their music is used. The problem arises when content creators use music to promote brands and commercialise content. That is why there's an option to create personal and business accounts. Business accounts restrict the use of copyrighted songs. However, many content creators bypass this by using personal accounts to promote brands, failing to obtain the required license and approval from the copyright holders.
Copyright laws exist to protect creators and their intellectual property. Section 32 of the Copyright Act states that "the author has the moral right to claim ownership of and approve the use of their work in a manner they deem fit." In this case, the judge ruled that the artist has the moral right to control the use of their work. Content creators infringe upon the moral rights of the copyright owner by failing to obtain a Sync license.
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