Kenyan dance sensation turned entrepreneur and now musician Moya David shocked and equally angered the nation when he revealed that he would be copyrighting his signature dance moves.
Speaking at the launch of his new shop in Kitengela the content creator revealed he had begun the process of copyrighting his dance moves after seeing people badly using his creative works.
Moya got fame from TikTok for surprising random people on the streets while dancing to Mario and Jovial’s hit song “Mi Amor” he then went on to grow his dancing into a business.
And now he is copyrighting that business.
So what does this mean to other content creators who have picked up his dance moves and are using them to make a name and a few coins for themselves?
Big trouble if Moya decides to pursue legal action, that’s what it means
First things first, yes Moya can copyright his dance moves and no they’re not just “dance moves” as you may bleakly view them.
This is because under the copyright regulations in Kenya, a person can copyright their original works and they are protected for their entire lifetime plus 50 years after their death for the said work.
is copyrighting his dance moves
Moya David is copyrighting his dance moves
Image: Instagram
And on that note, the choreography is Moya’s original work so he can copyright it.
With that in mind Moya can legitimately copyright his dance moves because they are choreographed for an intended audience, and have enough details to be consistently performed in various occasions.
Still on the details of what goes into copyrighting content, if the author is unknown, the period of protection is 50 years from the date it is published. In case of a joint authorship, copyright will last for the lifetime of the authors and 50 years after the death of the last author.
The Kenya Copyright Board states that Infringement occurs if a person other than the author or someone authorized by him, does any of the following acts: reproduction, translation, adaptation, performance, sale or hire of the work.
So if you adapt Moya’s signature moves and perform them especially for monetary gain, the entrepreneur can sue you for copyright infringement.
These rights are exclusive domain of the author/owner.
Going forward, should anyone infringe on Moya’s copyright rights, the consequences that await them include: civil action whereby Moya can institute civil action against the infringing person and is entitled to obtain injunctions to stop the infringing action and receive damages for losses suffered or account of profits
Additionally, Moya can decide to pursue criminal action against the said culprit.
The criminal sanctions include: maximum fines of up to Sh 800,000, maximum custodial sentence of up to 10 years or both fines and custodial sentences.
Note: Criminal and civil actions are non-exclusive and may proceed concurrently.
