Omah Lay's Experience: A Warning for Kenyan Creatives

Nigerian artist Omah Lay recently revealed a painful experience in his career: an artist he shared an idea with released an album using his concept, forcing him to re-record his own album.

His words highlight a critical issue for creatives everywhere, including in Kenya: idea theft. In a fast-paced industry where originality is everything, protecting your concepts is just as important as creating them.

How to Safeguard Your Creative Work

One of the simplest yet most overlooked safeguards is documentation.

If you are collaborating, ensure there is a written agreement that spells out who owns what.

Many Kenyan creatives rely on verbal agreements, which unfortunately carry little weight if things go wrong.

Kenya has intellectual property (IP) laws under the Kenya Copyright Board (KECOBO). Musicians can copyright their lyrics, writers can protect manuscripts, and visual artists can register their work.

While this may seem tedious, it can be a lifesaver when an idea is copied. Registration with organizations like MCSK or PRISK also helps in claiming ownership of royalties.

Digital timestamps are powerful. Save emails, drafts, voice notes, and even social media posts that prove when an idea was first yours.

For example, a WhatsApp voice note or a studio draft could provide crucial evidence in a dispute.

Not every handshake is a partnership. Before sharing your creative concepts, do a background check.

What is the other person's reputation in the industry? Have they been accused of "borrowing" ideas before? Trust is important, but due diligence is even better.

Not every idea needs to be shared widely. Creatives can learn from Omah Lay's experience by protecting their most valuable concepts until they are ready to launch.

ALSO READ: Matata Wins "Mpishi" Copyright Battle, Files KSh 25M Counterclaim

Legal Measures You Can Take in Kenya

If your idea has already been stolen, you are not powerless. Kenyan creatives can file a copyright infringement case through KECOBO or in court to stop the use of their work and claim damages.

They can also seek injunctions to block an artist or company from releasing stolen material until the ownership issue is resolved.

In addition, they can pursue compensation if the work has already been monetized.

It is also a good idea to engage a lawyer or legal aid organization that specializes in intellectual property.