NAIROBI, Kenya, May 17 — The Kenya Copyright Board established Raila Odinga’s presidential campaign violated copyright provisions after publishing a video announcement on their candidate’s running mate using Sauti Sol’s soundtrack.
The copyright board stated that despite the Azimio coalition having a public performance license allowing it to play both local and international music, the same does not authorized them to use the music in audio visuals.
“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,” said the Board Executive Director Edward Sigei.
“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,” he added.
Sigei pointed out that the Odinga-led coalition flouted the Copyrights Act as they are required to have a synchronization license to give them leeway to use local and international license in 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 allege that this was not done,” Sigei stated.
Sauti Sol was given the leeway to settle the matter 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.
The Kenyan band famed for its Extravaganza song had threatened to sue Azimio over copyright infringement.
Through a statement, the management indicated that they will be seeking a legal remedy following the violation.
“Through their action they have taken away the right to own and control what is originally and solely our property and have directly associated us with their campaign without our consent,” the statement reads.
The Orange Democratic Movement (ODM) told the band that they played their ‘Extravaganza’ song at the running unveiling ceremony because they love their music.
Responding to the band in a brief statement, ODM said they didn’t have any ill intention adding that it was done out of appreciation for their work.
