Zuku fined Sh7.2 million for copyright breach over local film

Pay-TV provider Zuku has been fined Sh7.2 million for airing a local film without the permission of its creators.

The Copyright Tribunal found Wananchi Group, which operates as Zuku, guilty of copyright infringement for broadcasting the film Pwagu without approval from Kadi Media and the film's writer, Diana Mbogo.

The tribunal ordered the company to pay Sh2.21 million as special damages and an additional Sh5 million in general damages.

"We find that it is not in dispute that the respondent (Wananchi Group Ltd) exercised a right exclusive to the first claimant (Kadi Media) by broadcasting to the public the film Pwagu," the tribunal said.

Tribunal chair Elizabeth Lenjo said the broadcaster aired the film without any authorisation from the rightful owners.

The company argued that it had obtained the content through Sparks Corporate Solutions, which claimed to own the rights.

However, the tribunal dismissed the defence, saying that proof of ownership must include a licence or assignment registered with the Kenya Copyright Board.

"The respondent is expected to know that where a party claims to own any copyright to an audio-visual work, then such a party must have the requisite registration documents from the Kenya Copyright Board and the Kenya Film and Classification Board," the tribunal added.

Kadi Media, represented by lawyer Duncan Anzala, accused Zuku of copyright infringement after the company aired the film last year.

Zuku admitted to broadcasting the film and said it had removed it from its platforms in good faith while awaiting the tribunal's decision.

Zuku said it acquires content through a request for quotation process targeting local producers in Kenya and Tanzania. It added that on January 23, 2024, it signed a deal with Sparks Corporate Solutions for 800 movies and 300 series.

The company said Sparks had listed Pwagu as one of the films to be delivered.

Zuku also claimed it had carried out the required checks and believed it had the rights to distribute the content.

But the tribunal sided with the claimants, noting that they had shown proof of creating the film and had registered the script with the Kenya Copyright Board.