Actress and content creator Foi Wambui has failed in her attempt to have her name removed from a copyright lawsuit filed by musician Mutoriah over the alleged unauthorised use of his song Beta in an Oppo smartphone advertisement.

A court has ruled that Wambui will remain a party to the case, paving the way for the copyright dispute to proceed to a full trial.
The case stems from a commercial promoting Oppo’s Reno 12 5G smartphone in which Wambui featured Mutoriah’s song Beta.
Mutoriah claims the song was used without his permission or a synchronization licence, which is required when copyrighted music is combined with visual content for commercial purposes.
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Foi Wambui // Instagram

Mutoriah discovers song in phone advert

According to the musician, he discovered the advertisement on social media on August 31, 2024.
He later issued a legal notice demanding an apology and acknowledgement of the alleged copyright infringement.
After the matter was not resolved, Mutoriah took the matter to court and sued both Wambui and Oppo over the use of his music.
The musician maintains that he had not authorised the use of Beta in the commercial and that the parties involved should have obtained the necessary permission before using the song to promote a commercial product.
The dispute has now shifted to who was responsible for selecting the song and ensuring that the necessary copyright permissions were obtained.

Mutoriah // Instagram

Wambui says Oppo was responsible

In her application seeking to leave the case, Wambui argued that she was only an independent contractor involved in creating content for the campaign.
She maintained that Oppo was responsible for approving the final advertisement and obtaining the relevant licences.
Her argument was essentially that she should not be held liable for a copyright issue arising from a commercial campaign where the company had the final say on the content.
However, Oppo presented a different position.

Oppo distances itself from song selection

Oppo argued that it did not select the song used in the advertisement and maintained that Wambui was responsible for the content published on her personal social media platforms.
The differing positions placed the responsibility for the alleged copyright infringement at the centre of the court dispute.
Despite Wambui’s attempt to have herself removed from the proceedings, Magistrate Hosea Mwangi declined the application.
The magistrate ruled that the matter raises a valid claim that deserves to be heard at a full trial.

Copyright dispute now heads to trial

The decision means Wambui will continue defending herself in the case alongside Oppo as the court determines who was responsible for the alleged unauthorised use of Beta.
The full hearing is expected to examine the circumstances surrounding the creation and publication of the advertisement, including who selected the song, who approved the final content and whether the necessary copyright permissions were obtained.
For now, Wambui remains a party to the lawsuit as the court prepares to hear the substantive copyright dispute.
The case also highlights the potential legal complications that content creators can face when incorporating music into branded content, particularly where the material is created for commercial campaigns.