Banks
Equity To Pay Varsity Student Sh5m For Unauthorized Use Of ‘Wings to Fly’ song
Equity Bank has been ordered to pay a university student Sh5 million for the unauthorized use of his intellectual property created in a song he composed in 2013.
Besides paying Edwin Obiero Nyadida for the illegal use of his musical work, Justice Wilfrida Okwany directed the lender together with the Director of Public Prosecutions Noordin Haji and the police to pay him Sh250, 000 for malicious prosecution.
Mr Nyadida said he was forcefully dragged to court and charged with forgery for pursuing his rights from the lender. The case was done away with three years later.
The song was illegally used by the bank to advertise its Wings to Fly, an education aid for bright but 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 noted 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’,” said the judge.
Justice Okwany added that Mr Nyadida proved that the lender used and has been using the music that he created without his consent and without paying him for it thus breaching his intellectual property rights.
She said it was ironic for the bank, who through their programme Wings to Fly, promote the education of bright needy students but chose to treat Mr Nyadida, who was a student, in such a cruel manner.
Mr Nyadida told the court that he created the song in May 2013 and registered it at the Music Copyright Society, together with other songs he termed as Running, Flame Docks and Wings to Fly.
He told the court that Equity approached him with a proposal to publicize its education programme after which he composed the song. He was then a high school student.
Nyadida claimed he demanded Sh10 million for the works after the bank liked the song. The bank instead offered to give him a scholarship but his parents rejected the proposal and stuck with the money.
