Deep London and Boohle, the brains behind hit single Hamba Wena, are fuming after the song was allegedly used without their authorisation and credit.
The song, which won two Metro FM awards this year, was used by a Nigerian artist named Smada and Poco Lee.
The controversy unfolded when a video of Smada emerged on social media and fans noticed the uncanny resemblances between Smada’s recent release and the original work of Deep London and Boohle.
The distinct melody and overall arrangement have raised concerns within the music community, prompting the artists and their management team to spring into action.
Breakthrough song
Speaking to Sunday World on Friday, Deep London, born Lita Kupelo, said he was disappointed when he was shown a trending video of the song.
He said the hit single was his breakthrough song into the industry, noting that the song means so much to him.
“I feel so disrespected and undermined, that song opened doors for me,” said Deep London.
“I had big plans for the song, I was planning to do proper remixes with the likes of Chris Brown, Burna Boy, Davido and Wiz Kid.
“My team and I had reached out to these artists and we were waiting for a response with regards to a proper collaboration on a remix.”
He said he is pursuing legal action, adding that his legal team is investigating the alleged infringement and preparing to take appropriate action to safeguard Cycade Wave’s intellectual property rights.
Legal opinion
David Feinberg, media and entertainment lawyer from Rosengarten & Feinberg, said by analysing Smada’s video, it is tricky to offer a legal verdict on whether the Nigerian crossed the line.
“If Smada Eh used the song in their video or tinkered with its core without the original owners’ green light, they might be in copyright trouble,” said Feinberg.
“But we need all the facts to nail it down. If it turns out they did break copyright laws, the original owners can take them to court.
“They could ask for damages, a reasonable royalty and also ask for an interdict to have the video taken down.
“Before going legal, it’s usually wise to have a chat to see if things can be worked out. There’s also an option of requesting X to pull the video.”
Added Feinberg: “One has to weigh one’s options. In general, this should be taken seriously because copyright matters.”
