Musician Mutoriah is now preparing to take legal action against content creator Foi Wambui and Oppo Kenya after unsuccessful compensation talks over the unauthorized use of his song “Beta” in a marketing campaign.
Mutoriah accused Foi and Oppo Kenya of using his song without permission in a video promoting the OPPO Reno 12 5G device, which was posted on their social media platforms.
In a demand letter sent last week, Mutoriah cited a violation of the Kenya Copyright Act, arguing that his song was synchronized with the visuals without obtaining the required synchronization license. Oppo Kenya heavily promoted the video for several days as a sponsored post on Instagram.
Negotiations for an out-of-court settlement broke down when Foi Wambui’s management offered a Sh50,000 compensation, which Mutoriah deemed inadequate. Despite further attempts by her team to resolve the issue, Mutoriah declined, believing the offer did not reflect the true value of his intellectual property.
Oppo Kenya, through its legal representatives, has denied any wrongdoing, claiming it was not directly involved in contracting Foi Wambui and had an agreement with Alfluence, the agency that hired the influencer. Oppo Kenya has stated that it will “strenuously oppose” any legal action and defend its position in court if necessary.
Mutoriah’s legal team is now set to pursue the matter in court, arguing that his intellectual property rights were violated, and the compensation offered is insufficient.
