Musicians Harry Otieno Adoyo alias Harry Craze, and Moses Otieno Ojwang, popularly known as Fathermoh, have secured a temporary legal victory against Black Market Records. A tribunal issued interim orders restraining the record label from claiming ownership, commercializing, monetizing, publishing, or otherwise exploiting the artists’ musical and artistic works while their copyright dispute plays out in court.
Represented by lawyer Adrian Kamotho, the two artists filed separate applications to challenge what they describe as the unlawful exploitation of their music catalogs and wrongful interference with their careers.
In his specific application, Harry Craze told the court that he was previously part of “Rico Gang” before the group disbanded in December 2023. He argued that despite the breakup, the respondents continued asserting ownership over both the group’s catalogue and his independent works, including Matopare, Luku Ni Pyam, and Diglo.
Furthermore, he claimed the label unlawfully wiped several of his songs from digital streaming platforms while continuing to monetize them without his consent or providing any accounting for royalties.
Fathermoh, a member of “Mbuzi Gang,” leveled similar accusations against the label. He claimed Black Market Records unlawfully claimed ownership over 63 of his songs and issued crippling copyright strikes that derailed his ability to release new music and grow his digital audience.
In his court filings, the artist noted that these takedowns significantly gutted his streaming numbers and revenue across major platforms like YouTube and Spotify.
Both artists contend that their previous agreements with the respondents are entirely null and void. They accuse the label of fraud, misrepresentation, unlawful enrichment, and the outright infringement of their economic and moral rights under Kenya’s Copyright Act.
In response to these claims, the court granted interim injunctive orders that block Black Market Records, its agents, or anyone acting on its behalf from exploiting the artists’ work. The order also bars the label from interfering with the musicians’ live performances, concerts, and promotional campaigns until both sides present their arguments in an inter partes hearing.
The court will mention the case at a later date to issue further directions.
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