By Lehlohonolo Lehana.
Nomcebo Zikode/Instagram.
In the latest development in Open Mic Production’s ongoing campaign to control Nomcebo Zikode, the label recently illegally took down Nomcebo, Zakes Bantwini and Wouter Kellerman’s single “Bayethe” on Spotify on the same day it was announced that it had achieved the spectacular feat of being nominated for a Grammy award.
According to the court papers, this takedown was the consequence of Open Mic, through its attorneys MM, writing to Spotify claiming that the recording infringes on its intellectual property. Nomcebo, on the other hand, claims that Open Mic has no copyright or other intellectual property rights in the music.
As a result of this unlawful takedown, Nomcebo is set to take Open Mic to the High Court of South Africa on Wednesday afternoon. The court documents in possession of Fullview, reveal Nomcebo’s claims that “the takedown notice and the conduct of the respondent as set out below constitute: an injurious falsehood, an unlawful and intentional interference with my and the second applicant’s contractual and/or property rights and unlawful competition”.
Nomcebo further added: “As a result of the recording being removed from Spotify, and potentially from other platforms of which I am unaware, the second applicant and I have suffered and stand to suffer further harm, the extent of which will be difficult, if not impossible, to quantify. Furthermore, I have a reasonable apprehension that the take-down request, along with other take-down requests of which I am unaware, or which the respondent may still issue, may have a bearing on the Grammy for which I have been nominated.” She has asked the court that Open Mic be ordered to advise Spotify to reinstate the song “within 24 hours of the interim relief being granted”.
It has been reported, and again stated in the court papers, that Open Mic has not paid Nomcebo any royalties for her contributions to the global hit single, “Jerusalema”. She hasn’t received a cent for “Jerusalema”, which is the top streaming African song of all-time. For some reason, Open Mic has decided to exclude Nomcebo from partaking in her rightful earnings from the song’s success. And now Nomcebo is fighting back.