Diana Marua, the self-proclaimed richest female artist in Kenya, is facing serious legal challenges regarding her latest single, “Bibi ya Tajiri.”
The controversy centres on the track’s instrumental. It is alleged that Marua used the beat from ‘saree’ a classic song by the late Kenyan music icon, E-Sir, without the necessary permissions.
The E-Sir song whose instrumental is at the centre of the copyright infringement lawsuit is “Saree”
“Saree,” released by the late hip-hop legend E-Sir in 2003, is considered an iconic and influential track in Kenyan music history.
The legal action is being spearheaded by a key figure in Kenyan music production.
Lucas Bikedo, the renowned producer from the legendary Ogopa DJs stable, has confirmed his intention to take Marua to court for copyright infringement. Bikedo was the producer of the original E-Sir track.
He claims the instrumental from the classic song was used in “Bibi ya Tajiri” without his consent or a licensing agreement.
“The use of the instrumental was completely unauthorised. We are pursuing legal action to protect the intellectual property rights of the original creators.”
This move highlights a growing focus on intellectual property rights within the Kenyan music industry.
The issue boils down to music sampling and copyright law. In music, a sample is a portion of one sound recording reused in a different song.
Legally, anyone wishing to use a sample must obtain permission from two parties: The owner of the sound recording (usually the producer or record label), and the owner of the underlying musical work (usually the songwriter or publisher).
In this case, Bikedo, as the producer from Ogopa DJ, is staking a claim to the sound recording’s copyright.
Reports suggest that the artist could be facing substantial penalties if the court finds her guilty of copyright infringement.
Under Kenya’s Copyright Act, the penalties for such offences can be severe and include both criminal sanctions and civil remedies.
Potential consequences could involve: Paying monetary compensation for the losses suffered by the copyright owner, a court order to immediately stop the sale, broadcast, or performance of the infringing song, and for serious or repeated offences, the Act outlines fines that can reach hundreds of thousands of shillings or even custodial sentences.
