Tanzanian artists win Sh700 million copyright battle with HBO
What you need to know:
- The artists claimed HBO used their song without permission or a formal agreement, thereby infringing on their intellectual property rights.
- The court's verdict orders HBO to pay the musicians over Sh700 million in compensation.
Dar es Salaam. After a nearly seven-year legal battle, Tanzanian hip-hop artists Anselm Ngaiza, aka Soggy Doggy, and Florence Kasela, aka Dataz, have triumphed in their case against the American company Home Box Office (HBO).
The case, initiated in 2021, saw the musicians, represented by the law firm Markel Advocates, accusing HBO of using their song ‘Sikutaki Tena’, produced in 2004, in the film "Sometimes in April," released in 2005.
The artists claimed HBO used their song without permission or a formal agreement, thereby infringing on their intellectual property rights.
The court's verdict orders HBO to pay the musicians over Sh700 million in compensation.
In a phone conversation with Soggy on July 26, he recounted discovering the movie years later while staying at his mother's place.
“Many years after the movie was released, I was at a local bar near my mother’s house. Some friends there jokingly said that my songs were featured in American movies and that I must be rich,” he said.
He went on to explain that this led him to search for the movie to verify his friends' claims.
“In 2015, we consulted lawyers who began guiding us through the legal process,” Soggy explained.
The artists started contacting HBO by email in 2018, and the company eventually responded. In 2021, they took the case to court. “The process was lengthy, but we finally reached the court, and today we have resolved the matter,” Soggy said.
Regarding the compensation process, Soggy mentioned that it might take at least a month to complete. “HBO has been in touch to ensure everything proceeds smoothly,” he added.
This ruling marks a significant victory for the artists and emphasizes the importance of safeguarding intellectual property rights within the creative industry. However, HBO retains the right to appeal the decision.
The case sets a notable precedent for the Tanzanian music industry, highlighting the importance of protecting artists' rights and ensuring that international entities respect local talent and intellectual property laws.
