Here is what he had to say;
“Our desire as MCSK is to see more political candidates obtain licenses for use of music in their campaigns. Those who have obtained such licenses should not be inconvenienced based on technicalities,”
He still maintains that Odinga had paid for the license adding that the issues should be sorted out administratively ;
“Our position remains that the Raila Odinga Presidential campaign obtained a comprehensive license and that the issues being raised by Sauti Sol and KECOBO are technicalities that should be sorted out administratively,”
“Copyright matters are complicated particularly where technology is involved as it keeps changing and no single law can cover all dynamics of technological advancement,”
Mutua added that the valid license ensures fair use of the same;
“In any case, besides the Raila Odinga Presidential campaign team having obtained a valid license from us, Section 107 of copyright Act on FAIR USE, permits a party to use a copyrighted musical work without the copyright owners’ permission for purposes such as criticism, comment, NEWS REPORTING, teaching, scholarship, or research,”
“Fair use entails any copyrighted material done for a limited and transformative or informative purpose for up to 10% of a copyrighted musical composition embroided or synchronized on a sound recording,”
“However, if done for more than 30 seconds, one must seek permission from the copyright holder/owner or licensing body like MCSK,”
“The Azimio advert on Martha Karua and the purpose of the character of use here were informing the public on the news of the nomination of a deputy presidential candidate and the synchronized song lasted for less than 30 seconds in that advert which falls under fair use,”
He also said that the video used did not bear any commercial gain and has not breached the copyright claims.
“Under copyright law, the advert is of no commercial gain whatsoever and has not breached the copyright law on Fair Use of copyrighted musical works therefore in that light SAUTI SOL should have sought our guidance on the matter instead of issuing threats of legal suits,”
Well, this is likely to turn into a more interesting arguments in the near future.
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