Artist Juliani To Sue Jubilee Party For Using His Song "Utawala" In BBI Promo Video
Artiste Julius Owino alias Juliani has threatened to take legal action against President Uhuru Kenyatta’s party, Jubilee, for using his song “Utawala” without his consent.
In a demand letter shared on his Twitter page, the artiste through his lawyers said the party shared a BBI promotional video on their timeline with the song as the soundtrack.
The video was shared on Saturday at 1.56 pm with the caption: “Did you know that the #BBIReport proposes the establishment of Office of Ombudsman of the Judiciary which shall play an important oversight role & receive complaints from members of the public against judicial officers?”
Following the use of his song, Juliani says that an impression has been created that he is partisan and endorses the party’s political views.
This he says, will create a negative impact on his image and affect his future earnings.
As a result, the entertainer wants the party to pull down the video with immediate effect and admit liability for infringement of intellectual property rights in writing within 72 hours.
Should the party ignore the letter, Juliani has threatened to “institute mandatory legal proceedings”.
Juliani claims in the letter to JP secretary general Raphael Tuju that the party did not seek his consent before using a portion of his song as a soundtrack of the video.
“Our client, being the author of the song, enjoys exclusive rights under Copyright law hence his creative work cannot be used by anyone else for whatever purpose without authorisation,” his advocate said.
His lawyer said that only the copyright owner has the right to reproduce/publish, make available, perform, or make an adaptation of his creative works and any other person/entity would require a license to do so to avoid infringement.
Juliani's lawyer added that the party's BBI promotional video goes against building bridges, for it is denying the artist his right to earn an honest living.
He also argued that by using his work, Juliani's reputation to the public as well as his earning will be negatively affected in the future.
"In view of the foregoing, we hereby demand that you cease and desist from further using our client's creative work to advance your agenda and to pull down the promotional video from all your social medial platforms with immediate effect."