Veteran Kikuyu musician John Boniface Maina, popularly known as JB Maina, has taken fellow musicians Samuel Muchoki Ndirangu, popularly known as Samidoh, and John Waithaka Mwangi, known by his stage name Waithaka Wa Jane, to court over alleged copyright infringement.
Maina claims that the two Mugithi musicians have been commercially performing and exploiting his musical compositions without obtaining the necessary authorization or paying the required royalties.
According to court documents, the veteran musician is seeking compensation for financial losses he says resulted from the alleged unauthorized use of his work.
The copyright dispute involves a significant financial claim, with Maina alleging that Samidoh's use of his compositions resulted in approximately KSh14 million in losses.
He has also attributed an estimated KSh9.4 million in losses to performances by Waithaka Wa Jane.
Combined, the alleged losses amount to approximately KSh23.4 million, placing the dispute among the more notable copyright battles involving Kenya's Mugithi scene.
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Maina maintains that he is the rightful copyright owner of the compositions in question and that their commercial use requires authorization.
In court documents, the musician described himself as an established recording and performing artist who has been active in Kenya's entertainment industry for years.
“I am a professional recording and performing artist widely known within the entertainment industry by my stage name JB Maina over the years.”Waithaka Wa Jane // Facebook
What does copyright infringement mean?
Copyright law gives creators exclusive rights over their original artistic works, including musical compositions and recordings.
In the music industry, these rights can cover the reproduction, performance, distribution, and commercial exploitation of a song or composition.
This means that artists who wish to commercially use another person's copyrighted work may need permission or a licence from the rights holder, depending on how the work is being used.
Maina's case centres on his allegation that his compositions were used commercially without the required authorization.
However, the allegations have not yet been proven in court, and the case will determine whether the defendants are legally liable for the claims made against them.
Samidoh and Waithaka named in the case
Samidoh is one of Kenya's best-known Mugithi performers, with a large following both locally and among Kenyans living abroad.
Waithaka Wa Jane has also established himself as a prominent name in the Kikuyu music scene, particularly through his Mugithi performances.
