THEIR SIDE OF THE STORY

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MTN

“It is not cor­rect that MTN is li­able for bil­lions of rands in roy­alty pay­ments,” said sales, mar­ket­ing and dis­tri­bu­tion ex­ec­u­tive Larry An­netts.

“MTN is up to date with most roy­alty pay­ments with Capasso and is in the process of set­tling the re­cent roy­alty in­voice ... for the cur­rent pe­riod, which amounts to less than R1 mil­lion.

“MTN un­der­stands the im­por­tance and im­per­a­tive of pay­ing mu­sic roy­al­ties for mu­sic that it sells on its plat­forms. With re­gard to pay­ment of me­chan­i­cal roy­al­ties, we have ... been try­ing to re­solve [this] from as far back as 2012.”

He said there have been du­pli­cate claims lodged by var­i­ous col­lect­ing so­ci­eties, but claims that are not du­pli­cated are “paid with­out any ques­tion”.

“MTN has been deal­ing with al­leged claims for Will of Steel Pro­duc­tions since 2012 ... Mr Gil­fil­lan was in­vited to par­tic­i­pate in this process; how­ever, MTN had not re­ceived any doc­u­ment or re­sponse from him.”

An­netts con­firmed Gil­fil­lan had asked for in­for­ma­tion from MTN and was re­ferred to CCA, which gave it to him. “Mr Gil­fil­lan has, in fact, con­firmed that he is as­sert­ing no claim on be­half of the in­di­vid­u­als he rep­re­sents.”

He said Capasso pre­vi­ously claimed roy­al­ties for both Will of Steel and 2Nite En­ter10­ment.

“The fact that both artists have not re­ceived their roy­alty pay­ments is of con­cern and should be in­ves­ti­gated.”

CCA

CCA says Will of Steel and 2Nite En­ter10­ment li­cense sound record­ings to it in terms of writ­ten con­tracts.

“Nei­ther Will of Steel nor 2Nite En­ter10­ment has shown any proof that they each own the songs and pub­lish­ing un­der­ly­ing the sound record­ings,” said CCA’s Antos Stella. “CCA de­nies that it has in­fringed the copy­right of Will of Steel and 2-Nite-En­ter-10ment’s copy­right in any of their songs and pub­lish­ing.”

Stella said Will of Steel con­tin­ues to in­voice and re­ceive money on rev­enue from mas­ter record­ings ev­ery month and has not asked CCA to stop do­ing this.

“We in­formed Gil­fil­lan that CCA sends record­ing roy­alty state­ments to his clients and that his clients are in pos­ses­sion of th­ese state­ments,” she said. “We in­formed him that me­chan­i­cal roy­al­ties are re­flected on state­ments sent to his clients.”

“CCA can prove that it re­ceives in­voices from Will of Steel and 2Nite En­ter10­ment for record­ing roy­al­ties and that it pays them.”

Vo­da­com

Vo­da­com de­nies vi­o­lat­ing any mu­si­cian’s copy­right. “In par­tic­u­lar, we re­ject any sug­ges­tion of crim­i­nal mis­con­duct,” it said in a state­ment.

“We have com­mu­ni­cated with Mr Gil­fil­lan on this is­sue on an on­go­ing ba­sis. Vo­da­com in­formed Mr Gil­fil­lan that it re­ports to CCA ... in re­spect of his clients’ record­ings.

“Mr Gil­fil­lan needs to ap­proach CCA.”

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