Smangori No Black Messiah Allegedly Sues Wine Company For R1.5 Million. The Amapiano scene has also been crazily jammed with new music releases. Upcoming acts have also gained good attention for their music. Smangori noBlack Messiah, Smangori and Black Messiah are some of the popular amapiano duos making waves in the genre.
Amapiano artists Smangori No Black Messiah are allegedly suing popular wine 4th Street after the company allegedly used their song to market their wine on Bontle Modiselle’s social media pages without their permission. The duo is demanding R1.5-million in compensation from Distell and Stay Law for using its hit, Kushubile, to promote the wine through the popular “kushibule challenge” competition, which went viral on social media.
According to the Sunday World publication, the news of their legal battle came to the fore when the artists’ lawyers, Mifaka Sihlali Attorneys, sent a letter of demand to Distell and Stay last week. In the letter, the artists said the company unlawfully used the tune to market and promote the wine on March 15 on the pages of Modiselle, who they believed to be the 4th Street ambassador.
Responding to the threats through its lawyers, Kisch IP Attorneys, the company questioned the artist’s ownership of the ditty. “As advised, your clients have not identified the relevant right, your clients’ proprietorship thereof or the cause of action. As for the allegation regarding damages in the amount of R1.5-million, there is no particulars of the computation of this amount. What our client can gather from your aforementioned letter is that there was
alleged use of a song without permission,” reads the letter.
Distell also suggested that the artists deserved to be paid between R5 000 and R7 500 for use of the song, and cautioned them against any litigation because its costs would exceed the compensation they demanded. “The reason we are noting this is because if your clients are being advised that it may be entitled to damages, even if it were to prove a case of infringement (the costs of such a trial will likely exceed R400 000 and for which your clients are unlikely to recover more than 40% to 50% of such costs if successful), your clients would still need to prove damage in a further damages inquiry trial (which again, the costs of such a trial will likely exceed R400 000). If your clients are successful damages… we respectfully submit, will not exceed R5 000 to R7 500,” the letter reads in part.
