Image: The star
Ezekiel Mutua, has issued a differing statement contradicting that of the Kenya Copyright Board
The Kenya Copyright Board (KECOBO) statement regarding the use of Sauti Sol’s music was that the use of sound recording for synchronization in the manner outlined by Sauti Sol without their authority is an infringement and thus violates Kenya Copyright law.
KECOBO’S statement read in part, “In this case synchronization rights are at issue and as such, a synchronization license is needed. A synchronization license can only be issued by the composer and publisher. They have the authority to negotiate and issue a synchronization license. In this matter, the composers/performers allege that this was not done. Therefore, the use of Sound recording for synchronization of the complainant without authority is, therefore, infringement and thus violates Kenya copyright law.”
The use of sound recording for synchronization in the manner outlined by @sautisol without their authority is infringement and thus violates Kenya Copyright law. It is a civil matter that the two parties have the power to resolve amicably with or without compensation. @kiped721 pic.twitter.com/A7fPzadmua
— Kenya Copyright Board (@KenyaCopyright) May 17, 2022
Mutua termed Kecobo’s statement as misleading saying that Azimio’s campaign secretariat was within its rights to play the 'Extravaganza' hit song during the unveiling of their party’s presidential running mate.
The CEO also shared a copy of the license indicating that the Azimio la Umoja team had paid Sh562,500 as required by the law.
Ezekiel Mutua also accused the board of overstepping its mandate saying, “The Music Copyright Society of Kenya (MCSK) has been licensing synchronization for decades. We cannot issue half licenses. KECOBO failed to license the proposed new tariffs and should keep off this matter as they are not a CMO."
Adding,
“Regarding the claim by Sauti Sol and statement by KECOBO, MCSK wishes to clarify that the license issued covers both performing, mechanical rights & synchronization. We thank the Raila Odinga Presidential Campaign team for complying with the copyright law and urge others to pay,” he added.
This is it. The rest are semantics! pic.twitter.com/opil2qVfii
— Dr. Ezekiel Mutua, MBS (@EzekielMutua) May 17, 2022
Earlier on, Raila Odinga through his political team, Azimio La Umoja, argued that they played the song as a way of expressing their love for the music the group produces.
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