Nomcebo Zikode takes former recording label Open Mic to court yet again, but this tine after the unlawful takedown of her Grammy-nominated single Bayethe. In the latest battle between Open Mic Production, the singer has revealed to ZiMoja through her legal team that she has taken the label to court for taking down her song Bayethe with Zakes Bantwini, and Wouter Kellerman off Spotify on the same day it was announced that it had achieved the spectacular feat of being nominated for a Grammy award.
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TAKING THE MATTER TO COURT?
Court documents seen by ZiMoja indicate that this take-down was the result of Open Mic, through its attorneys MM, writing to Spotify that the recording infringes on its intellectual property. But Nomcebo alleges that Open Mic holds no copyright or other intellectual property rights in the song. As a result of this, Nomcebo is set to take Open Mic to the High Court of South Africa on Wednesday afternoon. In the documents, Nomcebo says, "the take-down notice and the conduct of the respondent as set out below constitute: an injurious falsehood, an unlawful and intentional interference with my and the second applicant's contractual and/or property rights and unlawful competition.'
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NOMCEBO SPEAKS?
A heartbroken Nomcebo further states that as a result of the song being removed from Spotify, and potentially from other platforms of which she is still unaware of, the second applicants have suffered and stand to suffer further harm by possibly losing out on a Grammy. "The extent of which will be difficult, if not impossible to quantify,' she says, "Furthermore, I have a reasonable apprehension that the take-down request, along with other take-down requests of which I am unaware, or which the respondent may still issue, may have a bearing on the Grammy for which I have been nominated.' She has asked the court that Open Mic be ordered to advise Spotify to reinstate the song "within 24 hours of the interim relief being granted'. ?
TAKING OPEN MIC TO COURT FOR JERUSALEMA?
Nomcebo currently has a pending case with the recording company for the royalties of the international hit, Jerusalema with Master KG. Nomcebo alleges that Open Mic has not paid her any royalties for her contributions to the global hit single Jerusalema which is the top streaming African song of all time. Open Mic co-founder Lionel Jamela has refrained from commenting.