Veteran lead singer Khanyo Maphumulo is demanding her royalties from the Southern African Music Rights Organisation (SAMRO).
Maphumulo told Sunday World that she co-composed two Sarafina! songs, Freedom Is Coming and The Lord’s Prayer. These songs were created in the 1980s.
“Mbongeni Ngema composed the songs, but I also added some lyrics. So, to a certain extent, that makes me a composer. In addition, I performed those songs,” Maphumulo said.
“I didn’t sign any contract, I was very young and naïve to understand those things. But when I realised that I’d been exploited, I approached SAMRO. Unfortunately, I didn’t get any help,” Maphumulo complained.
Still being ripped off
“I was ripped off, and I’m still being ripped off. My lyrics and my voice are still used in those two songs. Royalties are still being generated, but I’m not receiving a cent. Now I want people to know the truth, that I’m not okay, and I don’t want to fall into depression. I don’t want to become a statistic. That’s why I’m speaking up,” she added.
She said she did try to fight for her rights. However, she was told that all the rights were owned by Anant Singh’s company, VideoVision Entertainment. These include music rights.
“I knew I’d need lawyers to fight for my royalties, and knowing how big that company is, I just gave up. Nonetheless, I did approach SAMRO, and I still didn’t get any help. But I will not stop fighting for what’s mine,” she said.
Maphumulo also revealed on The Voice with Palesa podcast that she earned very little from Sarafina!
“We worked from Monday to Friday and were getting R650 per call. We were still young, but I think we deserved more pay. The money I made from Sarafina! is less than R10,000, yet people think we’re rich because we were in Sarafina! It’s sad because the play is still being performed, but we don’t receive any royalties,” she said on the podcast.
Anant Singh company clears the air
Nilesh Singh from VideoVision responded.
“We should remember that Sarafina! started as a stage play and was later adapted into a screenplay. This was 34 years ago. All the songs were written by the late Mbongeni Ngema. Therefore, he owned all the music rights. Inquiries should be directed to the relevant channels.”
Brenda Sono responded on behalf of SAMRO.
“It is important to clarify that SAMRO represents the composers, authors and publishers of musical works. Not performers. As copyright owners, composers are the ones who create musical works and benefit from the performing rights and royalties managed by SAMRO.
“This distinction is crucial for understanding the role SAMRO plays in the music industry. Our records indicate that Ms. Maphumulo is neither the composer nor the publisher for these two songs. Therefore, SAMRO would have been responsible for remitting payments to the rightful composer(s) for these musical works.
SAMRO denies liability
“While performers play a crucial role in bringing music to life, they are not entitled to the copyright royalties earned by the composer of the song. This is because copyright law distinguishes between the Composition (the music and lyrics created by the songwriter or composer) and the performance (the interpretation or execution of that composition).
“Copyright in the composition belong to the composer. They hold the exclusive rights to reproduce, distribute, and licence the work. Performers may earn income through the performance fees, needletime rights, also known as neighbouring rights (if applicable). Or through contractual agreements. But unless they have also contributed to writing the music of lyrics, they do not hold a legal claim to the composer’s copyright royalties.”
