## The amount actress Foi was paid for Oppo deal that has dragged her to court

Actress and Content Creator Foi Wambui was allegedly paid Sh600,000 from an endorsement deal that has now seen her dragged to court by singer Joseph Mutoriah Mwaura, in a copyright infringement case.

Ms. Wambui has been sued as the 1st respondent alongside Oppo Kenya a Chinese phone maker (2nd respondent), and Aifluence Ltd a marketing agency (3rd respondent) for using his song ‘BETA’ to promote a phone Oppo Reno 12 5G without his consent.

Mutoriah moved to court filing the suit, which has been slated for mention next year in January where Oppo Kenya and Aifluence will have to defend their nature of engagement with Foi who was contracted as Oppo Renno 12 5G brand ambassador.

According to a source privy to the deal who spoke to* Nairobi News*, Ms Wambui pocketed Sh600,000 for her services as Oppo Renno 12 5G brand ambassador and influencer.

“I’m yet to see the contract but from my understanding, Foi pocketed Sh600,000 from the Oppo endorsement. That’s the amount I have heard being mentioned severally within the parties involved since this matter erupted,” the source told *Nairobi News*.

In court documents, Mutoriah says that on the 31st of August 2024 as he was going through his timelines he stumbled on a skit posted on the official Instagram account of actress and Content creator Foi Wambui.

The skit showed Ms Wambui and a male companion making romantic memories together while taking photos of the same using an Oppo Reno 12 5G.

The skit depicts Foi crying after what seems to be the end of their relationship. A voice in the skit urges her to delete the photos she had taken with her lover. She discovers a feature on her Oppo Reno 12 5G phone that allows her to remove the man from all the photos she had taken with him.

Below the video, is a caption promoting the phone and Oppo Kenya.

While this happens, the song ‘BETA’ plays throughout as the soundtrack to the skit.

It was at that point that Mutoriah through his lawyers sent out a demand letter to Foi and Oppo Kenya demanding a public apology and admission of guilt for using his song to promote the phone without his consent.

That did not happen and Mutoriah moved to court filing a case against the actress and the Chinese phone maker on November 7.

Aifluence Limited has also been conjoined in the case appearing as the 3rd defendant.

Mutoriah told the court the caption in the skit indicated that Foi was promoting the device launched at the time, as well as Oppo Kenya who appears as the 2nd defendant.

“This use of my copyrighted musical work amounts to copyright infringement as I had not licensed its use as the copyright owner. Such use of copyrighted music would require a license known as a synchronization license. The same license was not procured from me by either of the defendants.” Mutoriah states.

The singer adds that Foi choosing to publish the video on her Instagram account, had caused further infringement on his copyrights.

Mutoriah says Foi’s manager responded to the demand letter.

“The manager to the 1st defendant responded admitting liability on the 1st defendant’s part for creating the video and synchronizing it with my song but blamed the 2nd defendant (Oppo Kenya) for putting the same video on its social media pages as sponsored advertisement,” the singer adds.

Oppo Kenya lawyers also responded to Mutoriah denying any liabilities. They blamed the marketing agency Aifluience stating that it retained Foi as its brand influencer.

The BETA singer claims the actions of Foi and Oppo Kenya have subjected him to loss and harm. He wants general aggravated damages for Copyright Infringement by illegal synchronization and illegal publishing of his intellectual property.