A former Moja Love content producer is suing the channel’s owners for R10-million for alleged theft and unauthorised use of intellectual property.
Thabiso Makhetha has issued a cease and desist letter addressed to Aubrey Tau, Moja Love CEO, demanding that the channel cease all unauthorised use of material he claims is his intellectual property.
In a letter sent by Makhetha’s lawyers, Modise Wandile Attorneys, he claims that his work has been used, reproduced and distributed without his permission, which he believes constitutes a direct violation of the Copyright Act.
In the letter, Makhetha alleges that Moja Love has been exploiting his work, Light of Hope Bootcamp (LOHB) which now airs as Uthi’uyikleva on the channel.
“It has come to our attention that you have been using, reproducing, distributing, or otherwise exploiting the copyrighted work without authorisation or licence, which constitutes copyright infringement under the Copyright Act,” reads the letter in part.
Makhetha is demanding that the channel immediately halt any further use of his content and remove all related material from its platforms and pay him R10-million.
The letter stipulates that Moja Love must provide a written confirmation of compliance with these demands within five days of receiving the notice.
Makhetha’s legal team warned that failure to comply will result in legal action, including filing a formal court complaint and pursuing monetary damages.
Makhetha said he pitched his idea in 2019 while he was still an employee at the channel. He said the pitch was in his personal capacity as this allegedly did not align with his employment responsibilities at the time.
He envisioned a show that would be presented by pastor Kabelo Mabalane of TKZee fame.
He said the show would seek permission from the Department of Justice and Correctional Services to allow access to courts where young boys are sentenced.
He wanted the channel to use a bootcamp as the location and claimed that those who continued being rebellious would be sent back to court and there they could be sentenced to prison.
In response, Moja Love’s legal representatives, Rupert Candy Attorneys, indicated that Makhetha was still an employee of the channel as a content producer during the time he pitched the idea, which meant that as an employer they owned the copyright.
“On the premise of the above, our client is the legal owner of any copyright vested in LOHB,” reads the letter in part.
The channel denied that Makhetha owned the copyright for Light of Hope Bootcamp or that he was the legal owner for Uthi’uyikleva. They also deny copyright infringement.
The channel said Uthi’uyikleva is a distinct project born from a collaboration between Moja Love and content creator Prince Wako Pitori.
When asked for comment, Moja Love produced a court order which Makhetha claimed to have never received.
The court ordered that non-compliance with uniform rules of court is condoned. He has also been restrained from commenting on any platform, including posting about Moja Love.
“The court found that the claims he made were defamatory and he has now been ordered to delete his defamatory posts. He did not oppose the matter in court. The channel will be proceeding, against him, for defamation including threats he has made,” Moja Love spokesperson Nonzwakazi Cekete told Sunday World.
