Leading Rwandan airline company Rwandair deny Kayirebwa's claim!

In October 2011, Rwandair ran a campaign to promote their services for a new destination to Lagos Nigeria.

An advert in three languages ran on various nationals radios.
The music in the background of this advert is identified as Inzozi by Cecile Kayirebwa.
It appears that earlier in the year, contact was made by Rwandair to Kayirebwa's management in view of licensing the track but no agreement was reached so no authorisation was given by the copyright owner of the song.

Rwandair and Kayirebwa's respective representatives have been in discussion ever since over the matter of unauthorized use of her music for commercial purpose, as Rwandair, despite the irony of their earlier attempt to license the same track, deny any wrong-doing going as far as arguing that the song used in their advert is an original production inspired by Irish singer Enya, the matter has been taken to court.

At the first hearing (february 2013), Rwandair stood by their grounds and continued defending themselves with the ludicrous statement that the track used was created by Irish singer Enya music (for which they probably do not have authorization either).
Kayirebwa's attorney proceeded to play both the original song and the advert in court.
Judge was slightly confused as the sound quality was not optimal to make a sound judgement. Rwandair's lawyer were also not convinced claiming not being "expert" in music matter.
The judge decided to postponed a judgement to April 20th and requested the presence of approved music expert as witness for both the defense and the prosecution.

The advert consist of a 4bars 'loop' of an instrumental segment of Inzozi by Kayirebwa covered by a voice over narrating the Rwandair promotion script.
Click here to listen to the advert

For untrained ears, it would be understandable to not identify the music and this is what the advert producer was probably counting on while producing the advert and make the song barely recognizable.

Click here to listen to original track Inzozi
Click here to listen to the 'loop' using the same production technique to create Rwandair advert.

Please listen to all segments, what do you think??

According to Rwandan law on Intellectual Property, the exploitation of ones material for commercial purpose should be use if and only if the permission of the copyright owner is specifically granted.
This case is a malicious infringement of that law and put yet again Rwanda's application of the rule of law on Intellectual Property matter under scrutiny.

Now the questions are:
1)Is Rwandair line of defense valid or justified?
2) As it seem custom for Rwandan artists to stay quite and grateful when random "promotion opportunity" are generously offered by private companies, media and government institutions, should Mme Kayirebwa let these copyrights abuse remain unaddressed and be thankful like most contemporary artists or keep fighting for her rights?

In the many occasions Kayirebwa's music has been exploited without authorization, Bralirwa is the only Rwandan company who proceeded according to Rwandan and international IP's law to license Kayirebwa's music for their commercial. Bralirwa and Kayirebwa collaborated on several successful projects.

Rwandair vs Kayirebwa will be heard at the commercial court in Nyamirambo on the 20th April 2013.