South African musician and record producer Master KG, real name Kgaogelo Moagi, his record label(s) Warner Music, and Open Mic Productions are demanding license fees for using the international hit-song Jerusalema in videos for commercial purposes!
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According to Newzroom Afrika, German government entities are also on the list. Also at fault are companies that used the dance challenge to advertise their own products and services.
“For those who sang and joined the #jerusalemachallenge for fun, you don’t have to worry too much, those who used it for their own endorsements may be in for a startling surprise,” said the South African Music Rights Organization (SAMRO).
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Master KG is represented by Dumisani Motsamai of Morolong Inc. Entertainment Law Attorneys (Johannesburg, Midrand).
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“The legal position governing this particular matter it’s covered in the copyright act and the south African copyright act is a mirror image of a number of other copyright acts that are in place all over the world…” said Dumisani Motsamai.
He said that there are two copyrights that are involved in this particular instance.
“The first is the copyright in the composition and the second is the copyright in the sound recording which is what is called the master right,” explained Master KG’s legal representative.
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He said that the law was unambiguous that if you use a song in the background in a moving picture, you’re effectively doing what is called synchronization.
“What we call a synchronization license is triggered and the synchronization realities then become triggered,” said Dumisani Motsamai.
Master KG’s Attorney said that they are not necessarily focused on the social challenges that people were doing in their social setup, saying that those are well and fine.
He said that their focus really is more on the corporate companies that took it a little bit far than just a social activity but an ad.