Equity Bank has been ordered to pay a student Sh5 million for illegally using his intellectual property.
Equity bank used a song composed by Mr. Edwin Obiero Nyadida in 2013 to advertise its “Wings to Fly” programme, which provides education sponsorship for bright but needy children.
Aside from paying Mr. Nyadida for the illegal use of his musical work, Justice Wilfrida Okwany ordered the bank, together with the Director of Public Prosecutions Noordin Haji and the police, to pay him Sh250,000 for malicious prosecution.
Moreover, Mr Nyadida stated that he was dragged to court and charged with forgery for pursuing his rights from Equity bank.
However, the case was terminated three years later.
“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’,” the judge said.
Justice Okwany further added that Mr Nyadida proved that the bank used and has been using the music that he created without his consent and without paying him for it. Hence, breaching his intellectual property rights.
According to the judge, it was ironic for the lender, which through its programme, promotes the education of bright needy students but chose to treat Mr Nyadida, who was a student, in such a cruel manner.
Likewise, Mr Nyadida informed the court that he created the song in May 2013 and registered it at the Music Copyright Society together with other songs.
He further added that Equity Bank approached him with a proposal to publicize its education programme after which he composed the song.
He was a high school student during this time.
He told the court that, after the lender liked the song, he asked for Sh10 million for the work. However, Equity Bank offered to give him a scholarship instead of the money, but his parents rejected the offer and insisted they preferred the money.
According to Mr. Nyadida, the bank pulled out of the deal and allegedly caused his arrest. He was then charged with forgery together with his brother.
Equity Bank, through Edward Muchai, admitted that he met him sometime in 2013 when he came to his office with music on a CD that he wanted him to listen to.
According to Edward Muchai, Mr Nyadida’s song was not an original but an extraction of the “Reunion” song, which can be found online.
