Rapper Wangechi has won in a case against Tecno. The Kenyan rapper had sued the mobile phone company in 2016 after the firm used her images on their online pages announcing the launch of a new phone model.
“They used my image and likeness in the form of an advertisement, which came across as an endorsement of the product.” Wangechi said.
“They did not seek my approval or consent for it. Neither did they pay for the use of my image and likeness, yet after eight weeks of legal conversation, they went silent and deleted all images and videos associated with me.”
The rapper, through her lawyers Gichaga &Ogutu contacted the company where they agreed to settle out of court. Speaking to KahawaTungu on phone, Wangechi said that the company neither showed up nor followed up on the out-of-court settlement, prompting them to go ahead and challenge the case in court.
Wangechi sued Tecno of using her images illegally to which they argued that she knew the photographer while accusing her of defaming the brand on her social media pages.
However, in a court ruling issued virtually from Milimani court last Thursday, the judge ruled in Wangechi’s favour, although the settlement details have not been made public.
“As artistes, our image and likeness is our source of livelihood, it is our bread and butter. It is not okay to misuse and take away from us when we work so hard to build ourselves,” Wangechi said.
An elated Wangechi took to twitter to announce her win.
“Four years ago my constitutional rights to privacy were infringed,” she tweeted.
“Today the courts ruled in my favour and proved I have a right to control how my image and likeness is used publicly. Toast to my legal team @omuodoogutu for ensuring a guaranteed win and keeping me calm and reassured through a long court process. I hope this sets a precedent for future similar cases.”