The Kenya Copyright Board (Kecobo) has affirmed that the Azimio Coalition party infringed on Sauti Sol’s copyright for their song ‘Extravaganza’.
This is despite the fact that Azimio, through Winnie Odinga, paid the Music Copyright Society of Kenya (MCSK) Sh526,000 to acquire a license to play music during Raila’s presidential campaigns.
Kecobo Executive Director Edward Sigei explained that Azimio only obtained a Public Performance License that allows them to only play local and international music at its rallies and events.
Sigei said the license does not cover music used in audiovisuals.
“However, the use of sound recording as soundtrack with visual images in a film, video, television show, commercial or other audio-visual production is NOT part of those uses authorised by a Public Performance License,” he said.
We would like to assure our celebrated musical team @sautisol that we love them & appreciate their music so much.The group has carried our country’s flag so high in international fora & every Kenyan appreciates this. Playing their song yesterday was a show of love for their work.
— The ODM Party (@TheODMparty) May 17, 2022
The copyright board said Azimio needed a synchronised license to use local and international soundtracks with visual images.
“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(Sauti Sol) allege that this was not done,” Sigei stated.
“Therefore, the use of sound recording for synchronization in the manner outlined by the complainant without authority is therefore infringement and thus violates Kenyan Copyright Law.”
The board allowed Sauti Sol to pursue legal remedy inside or outside court.
“The matter is of civil nature and within the power of the parties to settle with or without compensation,” Sigei said.
