Kenya’s leading Telecommunication company Safaricom is yet to provide parliament with answers to allegations of copyright theft.
In April, Nominated Member of National Assembly for the Amani National Congress Party, Mr Godfrey Osotsi brought the issue of Safaricom infringing on the copyrighted works of Transcend Media Group Limited.
Mr Osotsi asked the Interior Cabinet Secretary Dr Fred Matiang’i, four questions.
“Mr Speaker, I wish to ask question number 74 of 2022, to be responded to by the Cabinet Secretary of interior and Coordination of National Government, and it reads
- Could the Cabinet Secretary explain the status of investigations into a complaint raised by Ms Transcend Media Group against Ms Safaricom Limited for theft of copyright arising out of a tender floated by Safaricom Limited in 2016 for the provision of creative and digital services launched with the Directorate of Criminal Investigations (DCI) by inquiry number 14 of 2021?
- Could the Cabinet Secretary further explain why the DCI is unable to enforce its own summons against Safaricom Limited as contained in its letters dated 29th June 2021 and 15th July 2021?
- Could the Cabinet Secretary provide all the details filed with the police against Ms Safaricom Limited regarding theft of Copyrights, intellectual property rights and other complaints?
- What specific steps is the ministry taking to ensure large corporations in particular MS Safaricom comply with existing laws and ethical standards?
Thank you, Mr Speaker,” Osotsi concluded.
More than one month later, Safaricom and Fred Matiang’i are yet to answer to these allegations.
Transcend Vs Safaricom
Transcend Media Group Limited accused Safaricom of taking its copyrighted proposal and giving it to another company.
The media company had responded to the Request for Proposal (RFP) for 2nd Agency for Safaricom ATL/BTL Creative and Digital Services on 25th January 2016, which had been floated by Safaricom Plc.
Before submitting their tender, Transcend Media copyrighted their Proposal at the Kenya Copyright Board (KECOBO) under the titles; Kenya Speaks Safaricom, Youth Assets Communication Strategy, Digital Tribe and Shangwe Sato along with the peculiar artistry, concept and modifications.
The certificates of the above registration, issued on 10th May 2016, were issued as follows, LT13131 (Literary Work – Kenya Speaks Safaricom), AT00358 (Artistic Work – Communication Strategy), AT00361 (Artistic Work – Youth Assets), and AT00359 (Artistic Work – Digital Tribe and Shangwe Sato).
Safaricom gave the works to Saracen Media Limited and Fieldstone Helms Limited to implement.
Saracen is said to be linked to Safaricom Chief Customer Officer Sylvia Mulinge.
Transcend had submitted its work collectively known as ‘Next Nation’. Saracen and Fieldstone changed the name to ‘Blaze Kenya’.
It is blaze Kenya, the works of Transcend media that finally so the light of day.
It is not clear whether Transcend Media was compensated for its copyrighted works, but Safaricom has faced similar accusations of copyright infringement.
The telco is in court defending itself against such allegations.
Analysts point out that it is bad for business.
“IP Theft stifles innovation as many would rather die with their innovation that have them stolen and get zero in terms of compensation”, IP Watch noted
Safaricom’s MPESA Bill Manager for Businesses incorporated a registered Utility Model by Kibo Capital Group Limited. Safaricom refused to compensate the FinTech firm.
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