Ugandan musician Khalifa AgaNaga has threatened to sue fast-food chain KFC, accusing the company of using his hit song Nassanga Remix in a promotional TikTok video without obtaining his permission.
Through his lawyers, Elgon Advocates, the singer has issued KFC a seven-day notice demanding the removal of the allegedly infringing content and payment of Shs550 million in damages and legal costs.
According to a letter of intention to sue seen by this publication, the dispute stems from a promotional video posted on KFC’s official TikTok account, which AgaNaga claims features Nassanga Remix as background music without the required licences or prior authorisation.
The lawyers argue that KFC’s alleged use of the song violated the Copyright and Neighbouring Rights Act, saying the company failed to obtain a synchronisation licence, performance licence or written consent before incorporating the music into commercial content.
“Your use of our client’s intellectual property was conducted without obtaining a synchronization licence, a performance licence, or any prior written authorisation from our client or his authorised representatives,” the notice states.
Elgon Advocates contends that the alleged unauthorised reproduction and communication of the musical work to the public for commercial purposes amounts to copyright infringement and entitles the singer to remedies, including damages, an account of profits and injunctive relief.
The lawyers further argue that AgaNaga’s rights as a performer and producer of the sound recording were infringed through the alleged unauthorised use and distribution of his performance for commercial gain.
As part of the demands, AgaNaga wants KFC to immediately remove the disputed video from TikTok and any other social media platforms under its control. He is also seeking an undertaking from the company that it will refrain from using any of his music in future advertisements or commercial campaigns without permission.
The singer is demanding Shs500 million in compensatory and aggravated damages, arguing that the alleged infringement deprived him of potential licensing income while diluting the commercial value of his work. He is also seeking an additional Shs50 million to cover legal costs.
KFC has been given seven days from receiving the notice to comply with the demands.
If the company fails to do so, Elgon Advocates says it has instructions to commence court proceedings seeking an injunction, damages and costs.
The dispute comes at a time when Nassanga Remix has emerged as one of Uganda’s biggest songs of the year, enjoying widespread airplay and strong performance across digital streaming platforms.