A Kenyan musician has moved to the Copyright Tribunal seeking more than Sh87 million in alleged unpaid royalties, accusing a Nairobi-based record label and its US affiliates of unlawful monetisation, copyright infringement and denying him control over his music catalogue.
In court filings, Moses Otieno Ojwang, popularly known as Fathermoh, says he entered into an exclusive recording agreement with Black Market Records LLC and its related entities in 2021, both as a solo artiste and as a member of the popular group Mbuzi Gang.
Under the agreement, the label was to produce, distribute and market his music in exchange for a 20 per cent share of royalties and 50 per cent publishing rights.
The artiste says that between 2020 and 2024, he released at least 63 songs, both as a solo act and with Mbuzi Gang, including tracks such as Shamra Shamra, Bambi, Taki Taki, Kwata and collaborations like Laaana , as well as albums Three Wise Goats and Kelele .
Musician Moses Otieno, popularly known as Fathermoh addressing participants during BoomFest Music Festival announcement launch by Boomplay at Nairobi Street Kitchen on March 14, 2024.
Photo credit: Bonface Bogita | Nation
He says he invested personal funds in recording, video production and collaborations, with the expectation of recovering the costs through streaming and publishing revenue.
However, he alleges that the respondents took control of his catalogue, monetised the works across digital platforms including YouTube, Spotify and Boomplay, and failed to remit royalties or provide verifiable financial statements.
The filings further accuse the respondents of falsely claiming ownership of his songs, registering them under different names and withholding access to the catalogue, effectively locking him out of his own work.
He also claims the label issued copyright strikes and takedown notices whenever he attempted to release new music or reuse his own content, disrupting his ability to operate as an independent artiste.
According to the documents filed before the tribunal, the takedowns had a direct impact on his audience and earnings, with his Spotify monthly listeners dropping from about 80,000 to 46,000 within a short period, alongside a sharp decline in YouTube subscribers and advertising revenue.
The musician is also challenging the validity of the agreement, arguing that the US-based company had been suspended from conducting business by authorities in California years before the contract was signed.
Documents attached to the case indicate that Black Market Records LLC has been listed as “Suspended – FTB/SOS” since 2013, raising questions over its legal capacity to enter into binding agreements.
On that basis, he argues that the agreement is null and void and cannot transfer any copyright ownership to the respondents.
In his claim, Fathermoh outlines what he terms as financial losses arising from unpaid royalties, lost streaming income and personal investments in production.
These include millions of streams across platforms such as YouTube, Spotify and Boomplay, which he says generated significant revenue that has not been accounted for or paid out.
He is seeking Sh87.6 million in alleged unpaid royalties and publishing revenue, in addition to special damages and reimbursement for production costs incurred on several projects.
He is also asking the tribunal to issue orders restraining the respondents from exploiting or claiming ownership of his music, and to compel them to return access to his catalogue, correct ownership records and provide a full account of earnings.
