SAMPRA to sue SA restaurant group over unpaid royalties

SAMPRA administers Needletime Rights on behalf of over 40 000 recording artists and 6 000 record companies. The licence fees that are collected from music users are paid to recording artists and record companies as Needletime Rights royalties.

The charges were laid at Woodstock Police Station in Cape Town, South Africa. Life and Brand Portfolio owns restaurants such as La Parada, Tiger’s Milk, Harbour House, Grand Africa, Lucky Fish and Chips, Live Bait, The Lookout and Old Town Italy.

SAMPRA said that these restaurants had been playing music belonging to recording artists and record companies unlawfully. According to the CMO, the restaurants have refused to pay the applicable licence fees that would enable them to comply with the prescribed legislative provisions.

“Over the past four years, we have been earnestly trying to negotiate with Life and Brand Portfolio to pay the licence fees due as we are aware that they are using our members’ music in their establishments,” SAMPRA CEO Pfanani Lishivha said. “However, Life and Brand Portfolio is adamant in their stance of using music illegally and therefore depriving recording companies and artists of their right to earn income from their music.

“We have now opened a case against Life and Brand Portfolio for their illegal and unethical conduct as we cannot stand by and watch Life and Brand Portfolio exploiting the works of our recording artists. We have a duty to ensure that recording artists get what is due to them.”

Lishivha added that they would file a lawsuit against the restaurant group for using intellectual property without permission or licence, which constitutes stealing from the artists.

“We have resolved that over the next few months, we will be pursuing legal action against all music users who refuse to pay Needletime Rights licence fees. Businesses that want to benefit from the blood, sweat and tears of artists without paying the applicable licence fees are unethical and their directors deserve to be jailed for exploiting artists.”

SAMPRA says it had discussions with other non-compliant music users so that they could legally use music. The CMO has listed all compliant business users on its website.

“Any business that uses music and does not appear on the website may be unlicensed and benefiting from using the intellectual property of artists through music piracy because using music illegally is piracy,” Lishivha said.

“Litigation is not our preferred approach when it comes to licensing music users, it really is a last resort. We cannot, in good conscience, allow businesses to exploit musicians while we stand by and watch. Musicians also have families to support and financial obligations to meet. If we do nothing, we would have failed an extremely vulnerable group of people.”