Label sues MTN Uganda for Kwata Essimu copyright infringement

The song was first released by FreeBoy in 2019 and was followed by the collaboration with Nwagi last year.

VEL, which is being represented by Katende, Ssempebwa & Co Advocates, allegedly filed the lawsuit on behalf of its musician in the civil division of the High Court in Kampala on 25 February, according to local media. 

VEL has argued that it invested a tremendous amount of money and resources on the hit. It would like the defendant to make public the data, revenue reports and statements from the exploitation of ‘Kwata Essimu' since 2019. The label has also demanded compensation of 175 million UGX (about $48 000) and that the telecom cease to use the song without their consent. MTN provides caller tunes to customers at 700 UGX per month.

“Viva Entertainment wrote, financially invested, incurred vast costs, produced and published a musical work titled ‘Kwata Essimu’ which was a major hit and extremely popular amongst the public,” the document reads. “The popularity of the song was so immense it triggered dance challenges locally and abroad from fans dubbed ‘Kwata Essimu Challenge’ which was a statement to the song’s popularity.

“Despite the song’s popularity, the plaintiff was not able to fully recoup the cost incurred while producing the said musical work, due to the limitations in commercial engagement in the said work caused by the defendant’s illegal exploitation of the song without authorisation from the plaintiff.”

The civil division registrar Jameson Karemani has ordered the defendant to file its defence within 15 days before the hearing date is set. 

This is MTN's second lawsuit related to copyright infringement. In 2012, the late mayor of Kampala Nasser Ssebagala accused the company of using his speeches and addresses as ringtones and caller tunes without his consent. However, the petition was dismissed two years later.