Son keeps rights to produce Brenda Fassie film
A LEGAL tussle over the film rights to Brenda Fassie’s life was laid to rest this week, when the company that claimed to have the exclusive rights to her life story lost its court battle.
This leaves her son Bongani Fassie, who is the sole heir to her estate, to conclude a film deal.
The Gauteng High Court Pretoria dismissed an application by producer Sello Twala, director of Leakgona Multimedia.
He wanted the court to order that the film rights be exclusively vested in his company.
He also wanted to finally interdict Bongani and Fassie Records from entering into an agreement with any other production company other than his.
The court last year issued an interim interdict in which Fassie Records and Bongani were restrained from conducting any auditions or promoting the film.
They were also prevented from entering into a contract with any third party for the production of the film, pending the outcome of the present application.
UK company Shobizz Bee announced they had a deal with Bongani to make a film of Fassie’s life.
Twala objected, saying he held the exclusive rights, but Judge Nomonde Mngqibisa-thusi dismissed his application.
Twala earlier told the court that he had the blessing of Bongani to make the film and he thus had the exclusive rights to do so, but the judge concluded that he was only given “non-exclusive rights”.
Twala said Bongani asked him in 2010 help him make a documentary on his mother’s colourful life.
They entered into a joint venture in 2011 for the production of the film.
According to the deal, Bongani agreed to give Twala pictures, video images and other material for the film.
Bongani was due to receive 10% of the profits in return.
The problem, however, was that Fassie’s estate was not wound up and was still under the executor’s control and all her pictures, music rights and material belonged to the estate.
Twala then entered into a second agreement with the executor and his company was given “non-exclusive rights” to use the Brenda Fassie trademark and the right to produce, market and distribute the film.
Twala said he had already started with production, but Bongani terminated the agreement.
The judge said while the executor could deal with the assets in Fassie’s estate, this right was subject to the heir’s consent.
Because Bongani did not give the nod, this made the second agreement invalid, she said.