US-based record label fails to stop Gengetone star Fathermoh Sh87m copyright case

A US-based record label, Black Market Records, has lost its bid to stop the Copyright Tribunal from hearing a Sh87 million compensation case filed by Kenyan musician ‘Fathermoh’ and a separate claim by ‘Harry Craze’. The High Court lifted temporary orders that had stopped the tribunal from proceeding with the cases involving the two musicians, who accuse the label of infringing their copyright and denying them control over their music.

The dispute dates back to an agreement signed between the musicians and Black Market Records on November 9, 2019. Black Market Records, registered and owned by US citizen Cedric Singleton, has become synonymous with the Kenyan music industry, popularising Gengetone and Urbantone hits. However, the musicians claim the label has infringed their copyright and denied them control over their music.

‘Fathermoh’, whose real name is Moses Otieno Ojwang, is seeking Sh87 million in compensation, while ‘Harry Craze’, whose real name is Harry Otieno Adoyo, has filed a separate claim involving songs including Matopare, Luku Ni Pyam and Diglo. The musicians opposed the label’s move to stop the tribunal from hearing their cases, accusing Black Market Records of withholding important information from the court.

Black Market Records argued that the High Court had previously handled the wider copyright dispute and should therefore determine the matter. However, the court found that the label had failed to give a complete account of the dispute when seeking the orders, leaving out important details about appeals, earlier court proceedings and the status of related commercial cases.

The court also noted that the label should have allowed the Copyright Tribunal to handle the dispute before turning to the High Court. The decision means the tribunal can now resume hearing the musicians’ claims. Black Market Records had challenged the Copyright Tribunal’s power to hear the case, but the court ruled that the tribunal has the authority to handle the dispute.

The musicians had cited California company records showing that Black Market Records was registered in 1999 but its registration had later been suspended. They questioned whether the label was still legally registered and authorised to bring the case. However, the label’s manager, Kim Bush, argued that the company was still operating and in good standing, having moved its main operations to Florida in 2015.

The outcome of the case will have significant implications for the Kenyan music industry, which loses an estimated Sh7.1 billion every year due to copyright infringement. The case highlights the challenges faced by artistes in protecting their rights and the need for a more effective legal system to handle copyright disputes.

Key points

• The High Court has lifted orders stopping the Copyright Tribunal from hearing claims brought by two Kenyan musicians against Black Market Records.
• The musicians are seeking compensation for alleged copyright infringement and denial of control over their music.
• The case has significant implications for the Kenyan music industry, which loses an estimated Sh7.1 billion every year due to copyright infringement.