Actress and content creator Foi Wambui will remain at the centre of a copyright dispute involving musician Mutoriah after a court rejected her attempt to have her name removed from a lawsuit over the alleged unauthorised use of his song Beta in an Oppo smartphone advertisement.
The decision clears the way for the case to proceed to a full hearing, where the court will be expected to determine who was responsible for selecting the song, approving its use and securing the copyright permissions required for the commercial.
Wambui had asked the court to remove her from the proceedings, arguing that she was merely an independent contractor involved in producing content for Oppo's campaign and that the company was responsible for approving the final advertisement and obtaining the necessary licences.
The court, however, declined her application, ruling that the allegations raised a legitimate claim that should be tested at a full trial.
The dispute centres on a commercial campaign promoting Oppo's Reno 12 5G smartphone in which Wambui featured Mutoriah's song Beta.
Mutoriah alleges that his music was incorporated into the advertisement without his authorisation and without a synchronisation licence — a permission generally required when copyrighted music is combined with visual material, particularly for commercial use.
How the Dispute Began
The musician says he discovered the advertisement on social media on August 31, 2024.
According to the case, Mutoriah subsequently issued a legal notice demanding an apology and acknowledgement over what he considered an infringement of his copyright.
When the dispute was not resolved, he filed legal proceedings against Wambui and Oppo, arguing that the use of Beta in the advertisement had not been authorised.
The musician's position is that those involved in producing and publishing the commercial should have obtained the necessary permission before using the song to promote a commercial product.
The case has consequently moved beyond the question of whether the song was used and towards determining who was responsible for ensuring that its use was legally authorised.
Wambui: Oppo Was Responsible
In seeking to have herself removed from the case, Wambui argued that she was working as an independent contractor rather than as the party responsible for the commercial's licensing arrangements.
Her position was that Oppo had the authority to approve the final advertisement and was responsible for securing the relevant copyright licences.
Wambui therefore maintained that she should not be personally liable for an alleged infringement arising from a campaign in which the company ultimately controlled the approval process.
Her attempt to exit the proceedings, however, was opposed by the circumstances surrounding the production and publication of the advertisement, which have now become central questions for the trial.
Oppo Gives Different Account
Oppo, meanwhile, presented a different position regarding responsibility for the use of the song.
The company argued that it did not select the music used in the advertisement and maintained that Wambui was responsible for content published through her personal social media platforms.
The conflicting accounts have placed the question of responsibility at the heart of the dispute.
The court will therefore have to examine the relationship between Wambui and Oppo, the arrangements governing the campaign and the process through which the final advertisement was created and published.
Magistrate Keeps Wambui in Case
Despite Wambui's application to be removed from the proceedings, Magistrate Hosea Mwangi declined to grant her request.
The magistrate determined that the matter raises a valid claim that warrants consideration at a full trial rather than being dismissed against Wambui at this stage.
The ruling does not, in itself, determine whether Wambui or Oppo infringed Mutoriah's copyright. Instead, it means that Wambui will remain a party to the proceedings while the substantive issues are examined.
The full hearing is expected to consider several key questions, including who selected Beta for the advertisement, who approved its use, who was responsible for obtaining the necessary permissions and whether the required copyright licences were secured.
Wider Implications for Content Creators
The dispute also highlights a growing legal challenge for influencers, actors and digital creators who participate in branded campaigns.
The use of music in social media advertisements can involve rights that are separate from the ordinary use of a song on personal platforms. Where copyrighted music is incorporated into promotional video content, questions can arise over synchronisation rights, commercial permissions and responsibility for licensing.
For creators working with brands, the case underscores the importance of clearly defining contractual responsibilities, particularly over who selects music, who approves campaign material and who obtains copyright clearances.
For now, Wambui remains a defendant alongside Oppo as the court prepares to hear the substantive dispute.
The eventual outcome will determine whether the use of Mutoriah's Beta amounted to copyright infringement and, crucially, who bears responsibility for any unauthorised use.