Actress and content creator Foi Wambui will remain a defendant in a copyright lawsuit filed by musician Mutoriah after the court rejected her bid to have her name struck from the proceedings. The decision clears the way for the matter to proceed to a full trial.
The dispute centers on a commercial for Oppo’s Reno 12 5G smartphone in which Wambui featured alongside Mutoriah’s hit song, Beta.
Mutoriah alleges that the advertisement used Beta without his consent or a synchronization license – the legal permission required whenever copyrighted music pairs with visual content for commercial gain. He first noticed the commercial on social media on August 31, 2024, and subsequently served a legal notice demanding a public apology and formal recognition of copyright infringement.
After the parties failed to resolve the matter out of court, Mutoriah sued both Wambui and smartphone brand Oppo, arguing that neither party obtained the required authorization to use his work lawfully.
In her defense, Wambui urged the court to remove her name from the lawsuit, arguing that she acted strictly as an independent contractor and that Oppo held sole responsibility for securing music rights and approving the final edit. Oppo pushed back against her claims, arguing that it never selected the song and asserting that Wambui retains full liability for content posted on her personal channels.
Mutoriah maintains that he never granted permission for Beta to market the smartphone and that both the content creator and the brand share responsibility for the unauthorized commercial release.
Ruling on the application, Magistrate Hosea Mwangi shut down Wambui’s request to exit the suit, declaring that the dispute presents a valid, triable case.
The upcoming trial will determine who selected the track for the commercial, who bore responsibility for acquiring licensing permissions, and whether Wambui and Oppo hold joint liability for the alleged copyright infringement.