The hit song from Master KG featuring the beautiful vocals of Nomcebo was the viral video of 2020, inspiring many people trapped in lockdown. It was arguably the unofficial anthem for surviving Covid. Most people are now unexpectedly upbeat when they hear the opening tracks.
But one Limpopo DJ claims he was the original author of the famous melody.
Ntimela Chris Chauke, known as Charmza The DJ, says he “authored the original melody of the composition, the beats, and the arrangement of the song, melody and vocals”.
Therefore, “as the author of the composition [Chauke] is the copyright owner of the composition” his lawyers Adams & Adams wrote in a letter of demand on 18 October.
It is addressed to Master KG (whose real name is Kaogelo Moagi), his record company Open Mic Productions, and distributors Africori and Warner Music Group.
“Master KG did not contribute any creative input to the composition and was not present in the studio at the time that the vocals were recorded and arranged, and for the majority of the time when the song was produced,” wrote Adams & Adams, who are also representing Presley Lebogang Ledwaba, known as Biblos.
Chauke travelled to Master KG’s studios in Midrand in August 2019. When he returned home to Limpopo, he expected that if Master KG decided to commercially release the song, he would be credited as the producer and that Master KG would first negotiate appropriate rights clearances, the lawyers add.
“Our client was surprised to learn that Master KG simply proceeded to release the song commercially, through his record label at the time, Open Mic Productions, without contacting our client and without obtaining the required rights clearances for the use of our client’s copyright protected music and musical composition.”
Additionally, Chauke used a sample of a sound recording, the copyright of which is owned by Biblos. “As Master KG simply released the Jerusalema song commercially without obtaining any rights clearances from Charmza the DJ, there was never an opportunity for Biblos’ rights clearance in the sample to also be discussed and negotiated with Biblos,” the lawyers wrote.
Chauke and Ledwaba are demanding a written acknowledgment that their copyright was infringed and a public apology, as well as “crediting Charmza the DJ as the producer of the song, and confirm Biblos’ ownership of the “Eish”-sample that was incorporated into the song”.
They also want disclosure of “full, complete, accurate and clear financial and accounting information with respect to all income and profits generated” including providing financial and accounting records for an independent audit.
Chauke and Ledwaba claim their share of the income should be compensated with “50% of all income generated from the commercialisation of the infringing song, as well as 50% of all future profits”.
Open Mic Productions’ lawyers responded on 26 October to ask for an extension until 5 November to reply. Attempts to reach Master KG went unanswered.
