Kenyan musicians Fathermoh, Harry Craze win orders against Black Market Records in copyright dispute

The orders were issued by the tribunal after the two artists, through lawyer Adrian Kamotho, separately moved to challenge what they describe as unlawful exploitation of their music catalogue and wrongful interference with their careers.

In his application, Harry Craze told the court that he was previously part of “Rico Gang” before the group disbanded in December 2023. He argued that despite the breakup, the respondents continued asserting ownership over both the group’s catalogue and his independent works, including Matopare, Luku Ni Pyam and Diglo. He further claimed the label unlawfully caused the removal of some of the songs from digital streaming platforms and continued monetising them without his consent or accounting for royalties.

Fathermoh, a member of “Mbuzi Gang,” also accused the label of unlawfully claiming ownership over 63 of his songs and issuing copyright strikes that he says disrupted his ability to release music and grow his audience online. In court papers, he said the alleged takedowns significantly affected his streaming numbers and revenue across platforms, including YouTube and Spotify.

The artists contend that agreements they entered into with the respondents are null and void and accuse the label of fraud, misrepresentation, unlawful enrichment and infringement of their economic and moral rights under Kenya’s Copyright Act.

The court granted interim injunctive orders barring Black Market Records, its agents or anyone acting under its authority from exploiting the claimants’ artistic works or interfering with their performances, concerts and promotional campaigns until the matter is heard inter partes.

The case will be mentioned for further directions.