Through a press release on Tuesday, May 17, the board clarified that the use of Sauti Sol music by the Raila team on a campaign video is not covered by the CMO license awarded to them.
“The use of sound recording as a soundtrack with visual images in a film, video, television show, commercial or other audio-visual production is not part of those uses authorized by a public performance license.” the board said.
According to the board, the Azimio team needed a secondary license to use the lyrics of the song as part of their video.
“In this case, synchronization rights are at issue and as such, a synchronization license was needed In this matter, the composers or performers allege that this was not done,” the board added.
The agency further said that the music group has the right to demand compensation from Azimio la Umoja after the outfit used their song without consent.
“The use of sound recording for synchronization in the manner outlined by Sauti Sol 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,” the agency stated.
The clarification by the Copyright Board comes after Sauti Sol caused social media backlash by threatening to sue Raila Odinga’s campaign team for infringing on their copyright by using the Extravaganza song without their permission.
Earlier ODM had come out to defend themselves saying they used the song as a sign of love for the music group.
“We would like to assure our celebrated musical team Sauti sol that we love them and appreciate their music so much. The group has carried our country’s flag so high in international fora and every Kenyan appreciates this. Playing their song yesterday (Monday, May 16) was a show of love for their work,” ODM said on Twitter.