Kenyan rapper Nyashinski has lost his bid to keep secret a multi-million-shilling brand ambassador deal he signed with Tecno Kenya in May 2023. The High Court has dismissed an appeal by Nyashinski, compelling him to produce contract documents and financial details of the deal. This comes after a copyright infringement case was filed against him by Nigerian music producer Sam Are Eliapenda.
According to sources, the deal that made Nyashinski the face of Tecno's Camon 20 smartphone was worth about Sh12million. Nyashinski's legal troubles began in 2023 when Eliapenda filed a case at a Magistrate's Court accusing the rapper of infringing his copyright. Eliapenda produced the beats for Nyashinski's hit song Wach Wach, which was featured in Tecno's Camon 20 marketing campaigns.
The producer argued that, as the creator of the music used by Tecno in commercials featuring Nyashinski, he was entitled to a share of the earnings from the contract. Eliapenda told the court that he had unsuccessfully tried to reach an agreement with Nyashinski before turning to the courts. The Magistrate's Court ordered Nyashinski to produce details of the contract, including bank transaction records and royalty reports.
Nyashinski appealed the magistrate's decision, arguing that releasing the documents would expose his trade secrets and put him at a commercial disadvantage. He also claimed that the contract document does not bear a material connection to the core issue of the case. However, the High Court has now dismissed Nyashinski's appeal, effectively clearing the way for the disclosure of the documents.
The bone of contention on the matter is largely pegged on the ownership rights of the song Wach Wach, which was used in a commercial advertisement. According to the split sheet contract terms, Nyashinski owns 100 percent of the master rights to the song, but he and Eliapenda split the publishing rights to the song, with each owning 50 percent.
Eliapenda argues that he is entitled to a percentage of the millions Nyashinski made from the endorsement deal, based on his publishing rights ownership of the song. Nyashinski maintains that his deal with Tecno wasn't a publishing deal, but rather one which included image rights, appearance, video/photo shoots, and social media association.
With the appeal dismissed, the matter now returns to the Magistrate's Court, where Nyashinski will be required to produce the contract and related financial records. The documents could reveal the finer details of the Tecno deal, including the financial value attached to the endorsement, before the copyright case proceeds to its substantive hearing and trial.
Key points
- Nyashinski must disclose his multi-million-shilling brand ambassador deal with Tecno Kenya.
- The deal was worth about Sh12million.
- The case is related to copyright infringement and ownership rights of the song Wach Wach.
