The Kenya Copyright Society has faulted the Azimio coalition for using Sauti Sol's song during the unveiling of Martha Karua as the presidential running mate.
Executive Director Edward Sigei said the coalition only obtained a Public Performance License that allows them to only play local and international music at its rallies and events.
“However, the use of sound recording with a soundtrack with visual images in a film, video, television show, commercial, or other audio-visual production is not part of the license,” Sigei said.
He said the Raila Odinga-led coalition violated the Kenyan Copyright Law by failing to obtain a synchronisation licence from the composers of the song.
According to the KECOBO boss, unlike the Public Performance License which is issued by the Collective Management Organizations (CMOs), the synchronisation license is only issued by the composer and publisher.
“In this matter, the composer/performers allege that this was not done,” Sigei said.
The Kenyan boy band has threatened to sue Azimio la Umoja One Kenya over music copyright infringement.
In a statement issued on Monday, the boy band accused Azimio of using their song, Etravaganza, as a soundtrack during the unveiling of Narc Kenya Party leader Martha Karua as the coalition's running mate.
This, they said, was in contravention of Article 4 of the Kenyan Constitution.
"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 the right to own and control what is originally and solely our property and have directly associated us with their campaign without our consent," the group said.
In their defence, the Azimio team through a statement released on Tuesday by its constituent parts, the ODM, said the use of the song was an appreciation of the band's success.
"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 was a show of love for their work," ODM stated.
Sigei urged the two sides to reach an amicable resolution to the matter.
"The use of the sound recording for synchronisation in the manner outlined by the complainant without authority is, therefore, infringement and thus violates Kenyan Copyright Law," Sigei said.
"The matter is of civil nature and within the power of the parties to settle with or without compensation."
