Khoisan documentary put on ice at theatre premiere due to film footage copyright row

A LEGAL dispute over the copyright of film footage about the Khoisan community led to the premiere screening being scrapped at the Labia Theatre last night.

The movie, In the land of Ou Makai – a Bushman Odyssey, about the Kruiper family of the ! Khomani San, was made by Cape Town filmmaker Richard Wicksteed.

About three hours before the movie was due to be screened, the cinema received a letter from lawyers representing former radio and television broadcaster Patricia Glyn, claiming that some of the footage belonged to her, commissioned in 2011.

Glyn’s lawyer, Dario Milo, of Webber Wentzel, wrote that if the Labia screened the film, it may amount to a breach of Glyn’s copyright.

“Our client has not consented to Mr Wicksteed’s use of the footage she paid for and commissioned,” Milo wrote.

People who had come to the show were told that the movie would not be shown because of the legal dispute.

Dawid Kruiper, leader of the !Khomani San, died in 2012.

Glyn referred the Cape Times to her statement on Facebook. It said she had arranged the original expedition to the Kalahari in 2011 to map the heritage of the Kruiper family, and had commissioned Wicksteed to document the heritage sites on film.

This was to be archived in an academic institution. Wicksteed was paid R100 000, raised from the National Lotteries Board.

Later, she and Wicksteed had decided to make a film from the footage, but their relationship “sadly broke down” over matters relating to the film.

Wicksteed’s lawyer, Glyn Williams, of Chennels Albertyn, wrote to Glyn’s lawyers that she had been aware since April 2011 that Wicksteed was producing the documentary.

Wicksteed had filmed footage in 1995, 2004, 2006, 2008, 2011 and 2012. Only in 2013 had Glyn claimed copyright to footage filmed during the 2011 expedition. Wicksteed denied that Glyn had employed him and paid him for the work. He said she had no copyright to the footage.

“Three-quarters of the funding for this documentary has been paid by the National Lotteries Board, the Open Society Initiative of South Africa and by our client from his own resources,” Williams wrote.

Glyn had also “apparently threatened to ‘sue’ both the SA San Council and the SA San Institute” if they screened the documentary at the Kalahari Desert Festival on March 21.

Labia owner Ludi Kraus said yesterday when he got the lawyer’s letter, it appeared as if there were a genuine legal dispute over copyright. He said Webber Wentzel had also sent two lawyers to the cinema.

“The letter also said there was court action pending involving defamation. I told Richard I would be happy to screen it once the legal issues are sorted out,” said Kraus.