Kenyan Musicians Fathermoh, Harry Craze Secure Court Orders Against Black Market Records in Copyright Row

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The artists accuse the label of unlawful monetisation, copyright strikes, and interference with their music careers and royalties.

Kenyan artists Moses Otieno Ojwang alias Fathermoh and Harry Otieno Adoyo, popularly known as Harry Craze. photo/Courtesy

By Ruth Sang

Kenyan musicians Fathermoh and Harry Craze have secured temporary court orders stopping Black Market Records from claiming ownership, monetising, publishing, or commercially exploiting their music pending the hearing of an ongoing copyright dispute.

The orders were issued after the two artists, through lawyer Adrian Kamotho, separately moved to court accusing the record label of unlawfully exploiting their music catalogues and interfering with their careers.

In his application, Harry Craze said he was formerly a member of the music group Rico Gang before its disbandment in December 2023. He told the court that despite the split, the respondents continued claiming ownership of both the group’s catalogue and his solo works, including songs such as “Matopare,”Luku Ni Pyam,” and “Diglo.”

He further alleged that the label orchestrated the removal of some of his songs from digital streaming platforms while continuing to monetise them without his consent or proper royalty accounting.

Fathermoh, a member of the group Mbuzi Gang, also accused the label of unlawfully claiming ownership of 63 of his songs and issuing copyright strikes that allegedly disrupted his music releases and online audience growth.

According to court documents, the takedowns negatively affected his streaming numbers and revenue on platforms including YouTube and Spotify.

The artists argue that agreements signed with the respondents are null and void, accusing the label of fraud, misrepresentation, unlawful enrichment, and infringement of their economic and moral rights under Kenya’s Copyright Act.

The tribunal granted interim injunctive orders barring Black Market Records, its agents, or anyone acting on its behalf from exploiting the artists’ works or interfering with their performances, concerts, and promotional campaigns until the case is heard and determined.

The matter will be mentioned later for further directions.

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