• Tweet

MUSIC DISPUTE: Ladysmith Black Mambazo leader Joseph Tshabalala

RELATED ARTICLES

• Owners of Amakipkip stole my idea, claims design student
• Perry eyed for Mambazo film
• Mambazo stamp their mark
• Umoja shunned
• US rapper Flo Rida served legal notice via Facebook
• Fake Maskandi CD is hot
• Drake is being sued
• Samro's new vision
• Lil Wayne slapped with lawsuit

The legal battle is over three songs - Nomathemba, famously sung by Ladysmith Black Mambazo under the tutelage of Joseph Shabalala, Thula Baba, copyrighted by Bertha Egnos, and Bawelile by Terry Dempsey.

These are contested as traditional songs by plaintiff Joe Theron, representing the musical Umoja: the Spirit of Togetherness.

Ladysmith Black Mambazo, Egnos and Dempsey are represented by Gallo Music publishers, S M Publishers and Angela Music Publishers, and Ian von Memerty represents himself.

Egnos, a composer, is alleged to rely on the British Imperial Copyright Act (1916), which was still in force in South Africa in 1963, when the version she copyrighted was recorded.

The Imperial Copyright Act essentially assigned the rights of the words and music to the first person to make a sound recording.

Dempsey and Von Memerty have modest claims as to administering rights and co-writing the play.

The case was launched in 2007 on an urgent basis by Theron on behalf of Umoja.

The play Umoja has always been performed under threat of litigation and with deleterious consequences to its profitability.

Theron, and his writers Thembi Nyandeni and Todd Twala, have lost out on income of more than R30-million.

Theron states that he was defamed by Gallo, or by a Belgian lawyer Alex Trappeniers - acting on instructions of Gallo overseas - who wrote to a Dutch theatre seeking to prevent the performance of Umoja.

Ironically, on the side of the battle against them is Von Memerty, one of the original co-writers of Umoja alongside Nyandeni and Twala.

Theron claims that Nomathemba , which Shabalala has hitherto known as his composition (1967), is in fact a traditional song that had been recorded in 1957.

This 1957 version of Nomathemba was recorded by Mabel Mafuya.

Egnos claims to have written Thula Baba and copyrighted it in 1963, but it is unclear if she was fluent in Nguni languages.

Earlier versions of Thula Baba, predating the one in 1963, that were recorded and in the possession of the SABC, have gone missing.

Comments

• Sign in or sign up to comment

Sun May 26 05:51:03 SAST 2013 ::

May 17, 2012

molefelives

So who is who here?
It is like claiming the composition of Nkosi Sikelela' iAfrica.
Report Abuse

May 17, 2012

Stimela

wo buuuuuuuuuuuuuuuya Nomathemba! awusabhali nencwd'encane,
Buya Nomathemba!
Buya Nomathemba!
Buya Nomathemba!

the song belongs to Amambazo amnyama, case closed.
Report Abuse

May 17, 2012

Papage

Earlier versions of Thula Baba, predating the one in 1963, that were recorded and in the possession of the SABC, have gone missing.

Who stole it?
Report Abuse

May 17, 2012

Mosquer

La bhora lena. Gospel music everyone o no opela. Ga go na gore koša ye ke ya ka
Report Abuse

May 17, 2012

Mbelewolwazi

Where was their Nomathemba played and where do they get the idea it is a traditional song. People like taking chances, it is disgusting. Nx.
Report Abuse

May 17, 2012

shoozwamampela

who gives a sh*t i wanna own Mshoza's "kortes" copyrights
Report Abuse

May 17, 2012

SKIZOBANTWANA

Weni weBaBa ``````````` silaleMaweni ``weni weBaba`````silaleMaweni ```weniiiii weBABA```SILALE EmAWENI`` wEbaba silale eMaweni weBaba silale eMaweni *singing*
Report Abuse

May 17, 2012

Mbelewolwazi

@Mosquer: This is isicathamiya not gospel. There is a vast difference.
Report Abuse

May 17, 2012

TKay

eish...this copyright thing is a problem maan....
Report Abuse

May 17, 2012

iPhone4

Egnos claims to have written Thula Baba and copyrighted it in 1963, but it is unclear if she was fluent in Nguni languages.
___________________________________

Can Egnos speak any Nguni language NOW??
Report Abuse

Read all 14 comments