Kenya Commercial Bank (KCB) is not concerned about P-unit’s recent threats of suing them for using the phrase “Weka Weka” saying that it’s a Swahili word that can be used by anyone.
On Monday, the bank, through there lawyers, released an official statement denying infringing on the copyright of the group’s hit song “Weka Weka” that was released in 2014.
“The only similarity between your client’s (P-Unit) song ‘Weka Weka’ and KCB’s commercial ‘Weka Weka na KCB M-pesa’ is the phrase, ‘weka weka’,” read a letter addressed to P-Unit from KCB lawyers.
Frasha, Gabu and Bon’Eye, who make up the trio, last week said they were contemplating taking the bank to court after using the phrase in their latest savings campaign “Weka Weka na KCB M-Pesa.”
“It is not an original that an artist can claim to have independently conceived since no one can claim custodianship of a language. Your Client cannot therefore ride on the phrase ‘Weka Weka’ for a claim of copyright infringement against KCB as the same is not copyrightable.” said the lawyers.
KCB further explained that the new campaign is just a continuation of their 2011 “Weka Weka promotion” that was launched way before P unit’s song hit the airwaves. The bank now wants them to apologize for their allegations.
“On 29th August, 2011, KCB launched a campaign dubbed as ‘Weka Weka promotion’ way before your client released the song ‘Weka Weka’, in 2015. Weka Weka na KCB M-Pesa’ is a continuation of the initial campaign that begun in 2011,” said the bank.
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