(Nairobi) – A legal dispute has erupted between Kenyan musician Joseph Mutoriah Mwaura, popularly known as Mutoriah, and actress Foi Wambui, alongside Chinese smartphone manufacturer Oppo. At the heart of the case is Mutoriah’s claim that his song was used without permission in a promotional skit for the Oppo Reno 12 5G smartphone.
The skit, posted on Foi Wambui’s official Instagram account on August 31, depicted a couple making memories and taking photos using the Oppo phone. The story then transitions to the couple breaking up, with the actress using a feature on the smartphone to remove her former partner from all their photos. Accompanying the skit was Mutoriah’s song “Beta,” used as the soundtrack, and a caption promoting the smartphone.
Mutoriah alleges that neither Foi nor Oppo sought his permission to use his song for the advertisement, amounting to copyright infringement. He argues that a synchronization license, typically required to use music in audiovisual content, was not obtained.
On September 10, through his legal team, Mutoriah sent a demand letter to Foi, Oppo Kenya, and marketing agency Aifluence Ltd, seeking a public apology and acknowledgment of the infringement. When no resolution was reached, he filed a lawsuit on November 7, naming all three parties as defendants.
Mutoriah claims that Foi further violated his rights by publishing the skit on her Instagram account. Oppo Kenya reposted the video on its corporate social media platforms, compounding the alleged infringement.
In a response to the demand letter, Foi’s manager admitted responsibility for creating the video and synchronizing it with the song but shifted the blame to Oppo for promoting the content on its platforms. Oppo Kenya denied liability, asserting that Aifluence Ltd, the marketing agency, had hired Foi as a brand influencer and was responsible for content creation.
Mutoriah is seeking general and aggravated damages for copyright infringement, arguing that the unauthorized use of his intellectual property has caused him harm and financial loss.
The case is set for its first mention on January 6, 2025. It comes on the heels of a similar copyright infringement case in September, where Kenyan rapper Herbert “Nonini” Nakitare was awarded KSh 4 million by the Commercial Court after suing content creator Brian Mutinda and Syinix Electronics Ltd for using his song “Wee Kamu” in an online advertisement without permission.
Key Allegations and Responses
| Issue | Claim | Defendant Response |
|---|---|---|
| Use of “Beta” Without Permission | Song used in a promotional skit without synchronization license. | Foi: Admitted creation of skit; blamed Oppo. |
| Skit Published Online | Posted on Foi’s Instagram and reposted by Oppo Kenya. | Oppo: Blamed marketing agency, Aifluence Ltd. |
| Copyright Infringement | Unauthorized synchronization and promotion caused harm to the artist. | Defendants deny direct liability for infringement. |