By Zuko Komisa
The makers of the well-known wine 4th Street Distell are in legal hot water when it was claimed that they improperly exploited the song Smangori no Black Messiah to promote the wine on Bontle Modiselle’s social media pages.
Distell and Stay Law are being sued by the duo for R1.5 million after they used their song, Kushubile, to advertise wine through the well-known “kushibule challenge” competition that went viral on social media.
The artists’ attorneys, Mifaka Sihlali Attorneys, wrote Distell and Stay a letter of demand last week.
The musicians claimed that the company used the song improperly to advertise and publicize the wine on March 15 on the pages of Modiselle, whom they assumed to be the 4th Street representative, in the letter that has reportedly been seen by Sunday World.
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The duo took to social media to confirm that they are indeed pursuing legal action against Distell.
They have also said that if need be they will be approaching political parties for assistance.
“It is very unfair for a big brand like 4th Street wines to have a Goliath bully attitude on us, where they decided to take our song without permission, used it for their own benefit and arrogantly expect to dictate to us on how we should be compensated. Clearly 4th Street has no respect for us as Artists and our craft. They are trying to exploit us because they have more money for lawyers than us and expect us to have a “ja baas” attitude.
As artists we are forever fighting against exploitation, we are still suffering badly from the impact of Covid 19 and what 4th Street wines is doing to us is the very list of struggles we thought we will have to face right now.
Justice and fairness is all that we want, we’ve been fighting for in the dusty streets of where we come from, it’s not right for 4th Street wines to want to turn us to being Solomon Linda’s, Nkosana Makates or Mahlathinis. If need be we will have to appeal to political parties, Government Ministries and/or anyone who can help.” wrote Smangori noBlack Messiah.
According to Sunday World, Distell has suggested that the artists deserved to be paid between R5 000 and R7 500 for use of the song, and cautioned them against any litigation because its costs would exceed the compensation they demanded.
The reason we are noting this is because if your clients are being advised that it may be entitled to damages, even if it were to prove a case of infringement (the costs of such a trial will likely exceed R400 000 and for which your clients are unlikely to recover more than 40% to 50% of such costs if successful), your clients would still need to prove damage in a further damages inquiry trial (which again, the costs of such a trial will likely exceed R400 000). If your clients are successful damages… we respectfully submit, will not exceed R5 000 to R7 500,”
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