Court slaps Equity Bank with Sh5million fine for illegally using student’s song
Equity Bank has been ordered to pay a student Sh5 million for illegally using his song to advertise its “Wings to Fly” programme.
The bank used Edwin Obiero Nyadida’s song which he composed in 2013 to advertise the programme which provides education sponsorship for bright and needy children.
“This court had a chance to listen to the petitioner’s music ‘Wings to Fly” when the same was played in court during the hearing. I noticed that there was a striking similarity between the said song and the one used by the bank in advertising its programme also dubbed ‘Wings to Fly’” Justice Wilfrida Okwany said.
Justice Okwany together with the Director of Public Prosecutions (DPP) Noordin Haji also directed the bank to pay Obiero Sh25,000 for malicious prosecution after learning that Nyadida was taken to court and charged with forgery for pursuing his rights from the lender, a case that was terminated three years later.
The judge also said that Nyadida proved that the lender used and has still been using the music that he created without his consent and without payment for the usage, therefore, breaching his intellectual property rights.
Additionally, she said that it was ironic for the bank which was promoting education to needy students to do the unlawful act to Nyadida who was also a student.
Nyadida created the song and registered it at the Music Copyright Society together with other songs.
He was still a High School student when Equity approached him with a proposal to make public its education programme of which he later composed the song.
After the bank approved of the song, Nyadida demanded for Sh10 million but the bank had instead offered to give him a scholarship of which his parents rejected and chose the money instead.
