Ndumiso Mdletshe and Siphelele Dunywa, who form the music duo Blaq Diamond, have exited their legal battle with their former music label Ambitiouz Entertainment with a big win.
The group has successfully interdicted both YouTube and the label from removing their music from the online video-sharing and social media platform.
Ndumiso and Siphelele left Ambitiouz last year and formed their own record label, Umuthi Records. However, reports state that even though they had left, their songs were still being held by Ambitiouz due to the alleged contractual obligations.
The group’s lawyer Jade Naidoo from FHSN Attorneys shared the big news on Twitter:
“CONGRATULATIONS to my client Blaq Diamond for successfully interdicting YouTube & Ambitiouz Entertainment from removing their music off YouTube and all DSPs [Digital Streaming Platforms]!!! WE WON WITH COSTS. This is an industry game changer! This is for all musicians being exploited by record labels!”
CONGRATULATIONS to my client Blaq Diamond for successfully interdicting YouTube & Ambitiouz entertainment from removing their music off YouTube and all DSPs!!! WE WON WITH COSTS
This is an industry game changer ! This is for all musicians being exploited by record labels! pic.twitter.com/nroPtuy95F
— Jade (@Jade_Louella) June 12, 2023
After thanking the counsels she briefed who believed in her clients’ fight against exploitation in the music industry, Jade added, “Interim interdict pending PART B at TRIAL where we will conquer exploitative contracts in the music industry!”
Interim interdict pending PART B at TRIAL where we will conquer exploitative contracts in the music industry!
— Jade (@Jade_Louella) June 12, 2023
According to reports, Jade said, “If you look at the order, no digital streaming platforms can take down the music just because the recording label is raising a copyright infringement claim. But Ambitiouz is saying they inherently have ownership of my clients’ music. But today, the SA court made a ruling that such infringement is unlawful because we are waiting to declare the contract unconstitutional and invalid.”
She continued, “So, this interdict places a stop from record label from removing the music and stopping all digital platforms from taking it down. This is a big win for Blaq Diamond. They approached me because they were not receiving any royalties from their music and performances.
“The second part is to go have a trial to declare their contracts invalid and unconstitutional because they are exploitive. They are not getting paid for their music that is used in advertising and other platforms. In other words, my clients were working for free. They have three contracts; for publishing, artist management and exclusive management agreement.”
Malome Vector, who was also a former artist under the label, has also taken Ambitiouz to court. One tweep wrote, “I hope @Malome_Vecto sees that it’s possible.”
Jade replied, “He’s my client and we are within litigation.”
He’s my client and we are within litigation ??
— Jade (@Jade_Louella) June 12, 2023
