by Muthoni Kimani
November 4, 2020
Gospel musician Julius Owino Ooko, popularly known as Juliani, has threatened to sue Jubilee Party for using his 'Utawala' song to promote a Building Bridges Initiative video without his consent.
Through his lawyer Katee David of James T. Makori Advocate, Juliani said that the party posted the BBI promotional video on its Twitter account using part of his song. He said;
"Did you know that the #BBI report proposes the establishment of the Office of the Ombudsman of the Judiciary which shall play the important oversight role and receive complaints from the members of the public against judicial officers?"
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.
His advocate said;
"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 authorization,"
His lawyer made it clear that only the copyright owner has the right to reproduce/publish, make available, perform, or create 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 denies 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 media platforms with immediate effect."
Juliani has also demanded that the party should admit liability for infringement of intellectual property rights in writing within the next 72 hours.
The lawyer said that he would institute mandatory legal proceedings against the party for damages to his client if the Jubilee chooses to ignore the letter.