Musician Nomcebo Zikode’s legal battle with recording company Open Mic continues as the singer dragged the production company yet again to court over her recent collaboration on Bayethe.
The singer is turning to the high court after their Grammy-nominated song Bayethe was taken down on Spotify.
The song was released in September, and it features Wouter Kellerman and Zakes Bantwini. Bayethe is nominated for “Best Global Music Performance” at the Grammys.
Nomcebo and the music company are no strangers to controversy and have been battling a legal case battle since last year over Jerusalema royalties.
According to ZAlebs, the Jerusalema vocalist has sued Open Mic Productions over the removal of her Grammy-nominated song “Bayethe” from Spotify.
Nomcebo alleged that on the day the Grammy nomination was announced on Spotify, the song from was also removed from the platform, as the result of a letter sent by Open Mic Productions’ attorneys Mamphahlele and Masipa Inc (MM).
The Jerusalema vocalist denied the recording infringes on “its intellectual property in one or more musical compositions (the takedown notice).”
“The statement is false, and the respondent knows it to be so.”
“It holds no copyright, or other intellectual property rights, in the song or the recording. It is also not entitled to attempt to prevent me from making recordings or performing,” reads Nomcebo’s founding affidavit which was seen by Zalebs.
According to TshisaLIVE, open Mic Production dismissed the singer’s claims and said that this would in any way affect their Grammy nomination.
“The first and second applicant (’the applicants’) do not have locus standi to bring this application or to stay the relief sought. On their version, ‘Bayethe’ has been exclusively licensed to Universal Music (Pty) Ltd. The applicants do not purport to bring the application on Universal’s behalf.”
“The applicants have also failed to establish a causal link between the ‘take down’ notice to Spotify and how that apparently affects her Grammy nomination. The application is by its nature speculative. It is also contrived: as legal dispute does not affect the eligibility of the song for nomination in the first place.
“The first applicant remains an Open Mic recording artist. Even so, ‘Bayethe’ was recorded at a time when the first applicant’s recording contract (that is the initial period) with Open Mic was intact.”
