Kenyan rap group Wakadinali has vowed to sue influencer Brian Mutinda for copyright infringement after using their song Geri Inegi in one of his content pieces.
In a series of tweets, the group explained how their efforts to resolve the matter with the influencer in private did not bear fruit forcing them to take legal action.
“It is with great sadness that we bring this to the public, our music was been infringed upon by some entities and we tried to resolve it privately but they refused to settle with us,” the group wrote.
It is with great sadness that we bring this to the public, our music was been infringed upon by some entitities and we tried to resolve it privately but they refused to settle with us. Below is the video
— RONG RENDE ™ (@Wakadinali) August 22, 2022
The group also shared a copy of a demand letter, sent in June to Mutinda that noted that Mutinda had created the video with the intention of sharing an advertisement for the Kenyan Commercial Bank (KCB). The letter also noted that the letter was also shared on KCB’s official social media channels.
The group through their lawyer demanded that the videos be pulled down and that Mutinda issue an apology and post it on his social media platform as well as on KCB’s.
“We shall engage you on quantum upon admission of guilt. Should you choose to ignore this demand, we have mandatory and unequivocal instruction from our client to institute legal proceedings against both of you in a court of law,” read the demand letter.
Squad Digital – a subsidiary of the Scan Group where Mutinda works responded to the letter by absolving the bank of all responsibility claiming that the music used in the video was readily available on Instagram’s music library and therefore licensed under the platform.
“Please be advised that one can record a reel with their own original audio with original audio by another reels creator or with music from the Instagram music library using the audio tool in reels. Your client music was available in the Instagram music library. Licensed audio is copyrighted audio available on the Instagram music library,” said the letter by the scan group.
“Nonetheless, we request for an explanatory meeting between your client, yourself, and Squad Digital Limited’s team at your convenience…” the letter continued. However the group claimed that Squad Digital team went mum on the matter.
This isn’t the first time that the influencer has been threatened with a lawsuit as barely a few weeks ago, musician Hubert Mbuku Nakitare popularly known as Nonini threatened to take legal action against content creator and influencer Brian Mutinda for infringement of copyright.
Nonini through his lawyers filed the suit at the Milimani Law Courts on August 19, 2022. accusing the influencer of publishing an advert for an electronics manufacturer without seeking permission to use his music in the video.
“We have been instructed to demand the following from you: Immediately pull down the video from your social media pages; Issue an public apology in the same magnitude to our client to be posted on both social media pages; Both parties to admit liability within the next seven days,” read an excerpt of the documents.