Musician and rapper Nyashinski, one of Kenya’s most prominent artists, has faced a significant setback in the early stages of a copyright infringement case filed against him by Nigerian music producer Sam Are Eliapenda. The dispute centers on a multi-million shilling endorsement deal Nyashinski signed with Tecno Kenya Limited in May 2023, a deal that has now become the crux of the legal battle.
The legal wrangle began when Sam Are accused Nyashinski of using the song ‘Wach Wach,’ which Sam Are produced, to promote the Tecno Camon 20 smartphone without his consent or any form of compensation. Despite the two sharing 50 percent publishing rights for the track, Nyashinski owns 100 percent of the master rights. Sam Are contends that, as the producer of the song, he is entitled to a portion of the proceeds from the endorsement deal, a claim Nyashinski has reportedly resisted.
On Friday, August 9th, Honorable Magistrate Selina Muchungi ruled in favor of Sam Are’s application to compel Nyashinski to produce critical documents related to the endorsement deal. These documents include the contract between Nyashinski and Tecno, bank transaction records, and royalty reports for the songs in question. The ruling marks a significant victory for Sam Are in the initial stages of the case, as the documents are expected to shed light on the financial details of the endorsement deal and the extent to which the song ‘Wach Wach’ was used in the promotion.
Nyashinski’s legal team had contested the application, arguing that the plaintiff had not provided sufficient grounds to necessitate the disclosure of documents protected under a non-disclosure agreement (NDA) between Nyashinski and Tecno. They maintained that the NDA was designed to protect the confidentiality of the contract’s details and that revealing these documents could have broader implications for Nyashinski’s business relationships.
However, Magistrate Muchungi was unpersuaded by these arguments, stating, “The application dated 15th April 2024 is merited. After reviewing the relevant submissions and evidence, I found that the documents requested are necessary for the fair determination of this suit. The application is allowed as prayed.”
This ruling is pivotal as it shifts the focus to the actual contents of the Tecno endorsement contract, which has been a subject of speculation since the case first surfaced. While some reports suggest the deal was valued at Ksh12 million, this figure has not been independently verified. The upcoming disclosure of documents could confirm the deal’s true value and reveal how much, if any, of the proceeds are attributable to Sam Are as the producer of ‘Wach Wach.’
Nyashinski has been ordered to produce the requested documents by September 25th, 2024, the date set for the pre-trial conference. This deadline looms large, as failure to comply could lead to further legal consequences, including a potential application for contempt of court by Sam Are’s legal team.
David Katee, Sam Are’s lawyer, emphasized the importance of this disclosure, stating, “Nyashinski and his legal team must produce the requested documents by September 25th, as per the court’s ruling. During the pre-trial on the 25th, we will inform the court if the documents have been provided. If not, we may seek to apply for contempt of court.”
The case has captured significant public interest, not only because of the high-profile individuals involved but also due to the potential ramifications it could have on intellectual property rights and the music industry in Kenya. As the legal battle progresses, all eyes will be on the September 25th pre-trial conference, where the next chapter of this unfolding drama will be written.
