Comedian Njugush is back at it, making us laugh (yeah, I know) with his latest antics. This time, it’s not just his comedic timing causing a stir but the music playing in the background of his Oppo Reno12 5G promotional video. And that tune? It’s none other than a song by the legendary John De’Mathew, who tragically passed away in 2019. But while the video might be a hit on social media, the legal side of things could get a little bumpy.
A cheeky comment on X raised an interesting question, asking, “So mnasema De Mathew anaweza sue Njugush na Oppo na apate mita kadhaa?” – translating to whether the late musician’s camp could hit Oppo and Njugush with a lawsuit and walk away with millions. Well, this question is as valid as it is intriguing, especially in light of the recent copyright drama involving Oppo Kenya. As expected, fans online are now asking the big question: “Can De’Mathew’s camp sue Njugush and Oppo for using his song despite being dead for years?”
So mnasema De mathew anaweza sue Njungush na Oppo na apate mita kadhaa?😂 pic.twitter.com/vPIj9GXhXq
— felloh (@ngughii) September 10, 2024
Turns out, yes, they can. Kenya’s copyright laws are clear, and death doesn’t kill your rights, at least not for a good 50 years. So, if Njugush and Oppo Kenya didn’t get permission from De’Mathew’s estate, they could be walking straight into a lawsuit similar to what we’ve seen before.
Take the case of Foi Wambui, another Oppo Kenya collaborator, who recently found herself under fire for using Mutoriah’s song “Beta” in a Reno12 promo without proper licensing. And let’s not forget Nonini’s case against Brian Mutinda and Syinix, where Nonini won a copyright infringement battle after his song “We Kamu” was used in a promotional video without his consent.
So, what’s the deal with dead artists and copyright?
Under Kenyan law, copyright protection doesn’t expire when the artist dies. In fact, it continues for 50 years after their death. This means that even though De’Mathew tragically passed away in 2019, his music is still very much under legal protection until at least 2069.
If Njugush didn’t get the go-ahead from De’Mathew’s estate to use his song, then both he and Oppo Kenya could face legal consequences. But if proper permissions were sought, then all’s well that ends well.
So, to answer the one fan who jokingly posted on X, “So mnasema De’Mathew anaweza sue Njugush na Oppo na apate mita kadhaa? 😂” — well, the law does seem to agree.
With that in mind, stay tuned — because this could get interesting. Will Njugush and Oppo Kenya face the music, or did they do their homework this time? Only time will tell!
