Wema Sepetu to take Diamond Platnumz to court

Wema Sepetu to take Diamond Platnumz to court

Ruttashobolwa said:
lakini kama waliweka kweli kile kipande bila consent ya Wema ni kweli wamekosea.
Lakini wasi wasi wangu ni kwamba Wema hajui amshitaki nani... nilitegemea ashitaki uongozi wa RAYVANY na sio Diamond binafsi au angemshitaki Rayvany.

lakini ukweli kama hakukuwa na makubaliano ya kuweka kile kipande ni wazi wamekosea na Wema anaweza kuwashinda japo kiasi alicho taka hakina mantiki.
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Nafikiri mwanasheria wake atamshauri nani wa kushtakiwa. Kiwango anachodai Wema ni kikubwa au kidogo?.
 
hapo inabidi tu amlipe Wema maana hamna namna ingine kumuonyesha Mtu bila consent yake
 
all this is just a kiki as their song known
NATAFUTA KIKI
 
InCunuM said:
Mara ooh walikubaliana atalipwa Mara hakuwa na taarifa kuwa wanashoot video, boosht!!!
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I think you didn't get it clear. Wema said that she was filmed secretly during the birthday party of Diamond Platnumz’s pal Rommy Jones and later they told her that they wanted to use those shooting to feature in the that music but she didn't accept unless they pay her 10 millions. On her refusal featuring feature free in the video they decided to pick those videos from instagram without her consent. Legally she has the right to demand the pay. The laws say that people have very few privacy rights over those things that they do in public. That can be equaled to volenti non fit injuria. But here the case is different.
At the outset, it's important to draw a bright line between photographing a subject for commercial use as opposed to all other uses. Right of publicity law protects subjects against the commercial misappropriation of their likeness. Be careful, industrial filmmakers: videos may count as commercial if they are being used to advertise the company's services or products or promote business for profit gain. You should have a signed authorization from your subject; otherwise, you might be violating his or her right of publicity and can be sued.
Example: You film your neighbor washing his car and use that footage in a television commercial for car wax. You're using your neighbor's image for commercial purposes and must have his written permission to use the footage. So Wema go ahead you have all your legal right
 
Kuweka picha ya mtu ni kosa bila makubaliano.kupunguza kiki ni muhimu wakae wayamalize
 
Mwananchi said:
I think you didn't get it clear. Wema said that she was filmed secretly during the birthday party of Diamond Platnumz’s pal Rommy Jones and later they told her that they wanted to use those shooting to feature in the that music but she didn't accept unless they pay her 10 millions. On her refusal featuring feature free in the video they decided to pick those videos from instagram without her consent. Legally she has the right to demand the pay. The laws say that people have very few privacy rights over those things that they do in public. That can be equaled to volenti non fit injuria. But here the case is different.
At the outset, it's important to draw a bright line between photographing a subject for commercial use as opposed to all other uses. Right of publicity law protects subjects against the commercial misappropriation of their likeness. Be careful, industrial filmmakers: videos may count as commercial if they are being used to advertise the company's services or products or promote business for profit gain. You should have a signed authorization from your subject; otherwise, you might be violating his or her right of publicity and can be sued.
Example: You film your neighbor washing his car and use that footage in a television commercial for car wax. You're using your neighbor's image for commercial purposes and must have his written permission to use the footage. So Wema go ahead you have all your legal right
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How was she filmed secretly when she was at somebody else's birthday party?
 
Mwananchi said:
Being in private party of somebody does not imply that you have consented to be filmed for unknown future commercial use of your photos or video mkuu. Your presence is for private matters and not business
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It may not imply that but by the same token you can't have a reasonable expectation of privacy either [especially at someone else's birthday party that was attended by other people as well].
 
Nyani Ngabu said:
It may not imply that but by the same token you can't have a reasonable expectation of privacy either [especially at someone else's birthday party that was attended by other people as well].
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Reasonably you can not take that advantage of making footage of your guest for commercial gain. They have right to be informed and either consent or refuse. Being in your party does not give all right to use photos for your business. The right to be informed comes in.
 
Mwananchi said:
Reasonably you can not take that advantage of making footage of your guest for commercial gain. They have right to be informed and either consent or refuse. Being in your party does not give all right to use photos for your business. The right to be informed comes in.
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Is that your opinion or that's what the law says?
 
Sokoro waito said:
The interesting facts about this issue are these: They entered into an oral agreement which is enforceable under the eyes of law, posting the videos into instagram account does not guarantee the breach of right to Wema's intellectual property, another issue is that Wema is a celebrity, hence, the featuring of her videos in Raymond's video is crucial enough to music bussiness as it will increase sales of such a video. YOU MUST BE PAID WEMA.
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Team wema kashakataa mwenzenuu
 
Nyani Ngabu said:
It may not imply that but by the same token you can't have a reasonable expectation of privacy either [especially at someone else's birthday party that was attended by other people as well].
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And actually there is something called "fair use". In the case of Wema it could have been fair use if Diamond was using video to show friends how the party went on. But also here there is issue of disagreement. Wema refuse her photos to appear in the music video but yet Diamond went ahead to pick videos from instagram of Wema. That unfair use come in.
 
Mwananchi said:
And actually there is something called "fair use". In the case of Wema it could have been fair use if Diamond was using video to show friends how the party went on. But also here there is issue of disagreement. Wema refuse her photos to appear in the music video but yet Diamond went ahead to pick videos from instagram of Wema. That unfair use come in.
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Were you privy to their conversation and what they agreed/ disagreed on?
 
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