Safaricom Barred From Using Musician’s Songs

A local musician has won a court battle with mobile service provider, Safaricom over the use of his songs in promotions. John Boniface Maina popularly known as JB Maina got orders restraining Safaricom or its agents from infringing upon his copyright by offering for sale through the internet, storing or using his songs for the ‘Skiza’ ringback tone promotion.

Mr. Justice George Kimondo ruled that JB Maina had provided sufficient evidence on his rights, and there was a need to protect his intellectual property. JB Maina sued the firm in September 2012 for allegedly using 10 of his songs as ringtones through its “Skiza” and “Surf 2 Win Promotion” seeking demanding Sh5 million in damages in addition to any amounts due after accounting for the alleged illegal sale of his songs.

The mobile operator had denied the allegations, saying that they signed a Content Provision Agreement with Interactive Media Services and Liberty Afrika Technologies, which are licensed by the Music Copyright Society of Kenya (MCSK).

JB Maina argues that the company made animations of his music and benefited through his works without his consent. “There is an intention by Safaricom and third parties to defraud me of the revenue from my intellectual property,” said Mr Maina in a sworn affidavit.

BD