Rapper Bamboo whose real name is Simon Kimani has won a copyright infringement lawsuit against telecommunications giant Safaricom.
In a huge victory for the rapper turned entrepreneur, the court ordered Safaricom to make a sizable Sh4.5 million payment for using the rapper’s songs without his consent. The verdict in the 9 year long case was read by Judge Asenath Nyaboke Ongeri of the High Court.
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The three Bamboo songs “Mama Africa,” “Yes Indeed,” and “Move On” which were allegedly illegally used as Safaricom’s Skiza callback ringtones are the subject of this lawsuit. According to reports, Safaricom was given access to a music library comprising Bamboo’s songs by the Music Copyright Society of Kenya (MCSK).
It is reported that the rapper was not consulted when the transaction was made and that is the reason why he filed the lawsuit 9 years ago citing copyright infringement. Bamboo argued that he wasn’t aware of the situation and wasn’t a member of the Music Copyright Society of Kenya (MCSK). The body, therefore, lacked the authority required by law to operate as his agent or representative in the case.
MCSK reportedly offered the rapper Kshs. 1.2M in damages, but he declined the offer and decided to follow through with the lawsuit. The 36 page verdict noted how copyright infringement affects Kenyan artists, resulting in exploitation and poverty.
The ruling highlighted Safaricom’s need for more diligence in confirming that the copyright owner had granted their permission to utilize their intellectual property before using Bamboo’s music. The decision by the High Court is a crucial turning point for the creative industry and demonstrates how crucial it is to protect artists’ rights in the creative sector.
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Fellow rapper Nonini who recently won another copyright infringement lawsuit has celebrated the move by the High Court saying that ‘Copyright must be respected’.
