Sauti Sol song ‘extra vaganza.’
By: Odhiambo Jerameel Kevins Owuor
Worth Noting:
- Following this move there was a large uproar among many masses, those who are proRaila castigated the boys’ band. In fact over the issue Sauti Sol lost over one thousand subscribers on You Tube. Despite that Sauti Sol remained true to their word and even pinned the press statement on their Facebook handle.
- Ezekiel Mutua came to the aid of Raila Odinga Presidential Campaign. According to Ezekiel Mutua who is the Music Copyright Society of Kenya Chief Executive Officer, Raila Odinga Presidential Campaign obtained a comprehensive license and that the issues being raised by Sauti Sol and Kenya Copyright Board are technicalities that should be sorted out administratively.
On 16th May 2022, Raila Odinga while unveiling his running mate for the 2022 Presidential Bid he made use of Sauti Sol song ‘extra vaganza.’ Raila Odinga unveiled Senior Counsel Martha Karua as his running mate.
Following the use of the extra vaganza song, Sauti Sol decided to issue a press statement via their social media platforms. Sauti Sol in the press statement noted as follows: ‘We did not license this song to the Azimio La Umoja campaign neither did we give any consents for its use in the announcement of their Vice-Presidential candidate.
Furthermore, our authority to use the composition, which is one of our distinct compositions was neither sought nor given. This is blatant copyright infringement as directed by Section 35 CAP 170 of the Copyright Act of Kenya. This action is a flagrant disregard of our basic and fundamental rights to property and freedom of association.
Through their action they have taken away right to own and control what is originally and solely our property and have directly associated us to their campaign without our consent. This is contrary to Article 40 of the Constitution. We would like to make it very clear to our fans, partners and associates, we are neither aligned to nor associated with the Azimio La Umoja Campaign or any political movement and/or Party their Presidential aspirants, Vice Presidential aspirants and candidates at large.
We are fully apolitical. We are disappointed by the Azimio la Umoja Campaign blatant disregard of our right to control the use of our copyright. We shall be seeking legal remedy for this clear violation of our copyright.’
Following this move there was a large uproar among many masses, those who are proRaila castigated the boys’ band. In fact over the issue Sauti Sol lost over one thousand subscribers on You Tube. Despite that Sauti Sol remained true to their word and even pinned the press statement on their Facebook handle.
Ezekiel Mutua came to the aid of Raila Odinga Presidential Campaign. According to Ezekiel Mutua who is the Music Copyright Society of Kenya Chief Executive Officer, Raila Odinga Presidential Campaign obtained a comprehensive license and that the issues being raised by Sauti Sol and Kenya Copyright Board are technicalities that should be sorted out administratively.
He continues that: ‘Copyright matters are complicated particularly where technology is involved as it keeps changing and no single law can cover all dynamics of technological advancement. In any case, besides the Raila Odinga Presidential campaign team having obtained a valid license from us, Section 107 of Copyright Act on fair use permits a party to use a copyrighted musical work without the copyright owners’ permission for purposes such as criticisms, comment, news reporting, teaching, scholarship or research.
Fair use entails any copyrighted material done for a limited and transformative or informative purpose for upto 10% of a copyrighted musical composition embroided or synchronized on a sound recording. However, if done for more than 30 seconds, one must seek permission from the copyright holder owner or licencing body like Music Copyright Society of Kenya.
The Azimio advert on Martha Karua and the purpose of the character of use here were informing the public on the news of the nomination of a deputy presidential candidate and the synchronized song lasted for less than 30seconds in that advert which falls under fair use. Under copyright law the advert is of no commercial gain whatsoever and has not breached the copyright law on fair use of copyrighted musical works therefore in that light SAUTI Sol should have sought our guidance on the matter instead of issuing threats of legal suits.
That’s the truth according to Music Copyright Society of Kenya. However according to Kenya Copyright Board, Ezekiel Mutua to some extent is lying. The Board in a press statement noted that: ‘Our attention has been drawn to the social media discussion following complaints by Sauti Sol against Azimio Colaition.
The incident raised a pertinent question whether all exploitation of sound recordings fall within the power of the collective management organizations. This is to clarify that separate sets of rights in a sound recording are managed concurrently by the composer, publisher and collective management organizations where they are operational. Collective Management Organizations generally issue a license authorizing entities to use the sound recordings for Public Performance.
It is in public domain that Azimio has obtained a public performance license allowing it to play both local and international music at its rallies and events. 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 authorized by a public performance license. In this case Synchronization rights are at issue and as such a synchronization license is needed. A synchronization license can only be issued by the composer and publisher. They have the authority to negotiate and issue synchronization. In this matter, the composers/performers allege that this was not done.’
One might look at this issue through various means. I will look on two issues. The first issue is that Sauti Sol have maintained that their songs shouldn’t be used for political events. To them, they aren’t partisan to any political party or affiliated to any party. The claim emerged from a political context. It was less about compensation for use of the intellectual product without consent; almost exclusively about vindication for being apolitical. That, they’ve got. Accordingly it may be melodramatic if they actually go to court. These were observations by one Lamech Nyamora over the issue.
The second issue, which is a major concern, is the synchronization bit. The use of music in film, TV, video and web cast production involves synchronization rights. Synchronization rights refer to the right to use a piece of music as soundtrack with visual images. It is the right to use music in timed relations with other visual elements in a film, video, television show, commercial, or other audio visual production. A synchronization license is needed for a song to be reproduced onto a television program, film, video, commercial, radio, or even a phone message. Synchronization licenses are obtained from the composer, publisher or the music library. Permission from the record company (master use license) also needs to be obtained if a specific recorded version of a composition is used for a purpose. Songwriters and publishers do receive synchronization royalties for use of their song as background music for a movie, TV show, or commercial.
A license for synchronization is put in place to ensure payment to copyright owners when their music is used. It is important for producers to understand what is involved in obtaining synchronization rights. At least a few producers incorporate music in their productions without permission, particularly for programs produced for private use or for distribution in the smallest markets. This practice violates the copyright law and also unnecessarily limits opportunities to exploit the production.
It is on this ground that perhaps Sauti Sol had an issue. If the matters goes to court it is evident who will have the last laugh. Regardless, the best thing is for them to compensate and perhaps Azimio stops using Sauti Sol music. Deputy President His Excellency Doctor William Ruto uses a better mechanism for he calls the musician and nobody has ever come out castigating William Ruto. This matter can be solved amicably. I do believe.
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