Nonini through his lawyers accused of the influencer of publishing an advert for an electronics manufacturer without seeking permission to use his music in the video.
“In this instance, synchronization rights are at stake and as such, a synchronization license was needed but you failed to procedurally procure the same. A same synchronization license can only be issued by the composer and publisher as they are the only ones with authority to negotiate and issue a synchronization license,” part of the demand letter read.
Nonini has since made three demands to the retailer and influencer which if not met will lead to legal proceedings against the respondents.
“We have been instructed to demand the following from you:
· Immediately pull the down the video from your social media pages
· Issue a public apology in the same magnitude to our client to be posted on both social media pages
· Both parties to admit liability within the next seven days,” reads an excerpt of the documents.
The company in a response, however, said the company had no reasonable grounds for suspecting subsistence of copyright in the video. The company through its lawyers did not admit liability and proposed that Nonini issue the company with the synchronization license for the song.
“Notwithstanding and without admission of any liability and on a without prejudice basis, our client is interested in discussing with yours the possibility of your client issuing ours with a synchronization licence in respect of the song in question and to that end we shall appreciate knowing your clients position on the same at your earliest convenience,” read part of the response letter.
Nonini has however insisted he can only engage the parties after meeting the conditions.