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Ambitiouz ordered to pay the costs of the application

Music duo Blaq Diamond has successfully interdicted YouTube and recording label Ambitiouz Entertainment from deleting its music from its YouTube channel.

The order issued by Johannesburg high court further stops the record company from taking the group’s music down from all other digital streaming platforms pending the determination by court regarding their contracts.

In October last year, the group which is made up of Ndumiso Mdletshe and Siphelele Dunywa launched an urgent court application regarding their hit song Qoma which was released in October. Following a fallout with their label, the recording company instructed YouTube to take down the music claiming copyright infringement.

The court order states: “Having read the papers filed on record, heard counsel and considered the matter, the following order is made; pending final determination of Part B attached to this application, any person or entity acting in concert with the respondents, are hereby interdicted from removing and or deleting the account of the applicants’ YouTube channel. That it be ordered that the second respondent be interdicted from raising any copyright/ownership dispute against works of the applicants with any other digital streaming platform (DSP) inclusive of the first respondent, Spotify, iTunes, Deezer, authored by the applicants from June 15 2022, pending final determination of Part B.”

The group’s lawyer Jade Naidoo from FHSN Attorneys said the order was a big win for the group and for all other independent artists who have been exploited.

She said they approached the court because her clients were exploited through the three contracts they signed.

“If you look at the order, no digital streaming platforms can take down the music just because the recording label is raising a copyright infringement claim. But Ambitiouz is saying they inherently have ownership of my clients’ music. But today, the SA court made a ruling that such infringement [taking down or removing music] is unlawful because we are waiting to declare the contract unconstitutional and invalid.”

“So, this interdict places a stop from record label from removing the music and stopping all digital platforms from taking it down. This is a big win for Blaq Diamond. They approached me because they were not receiving any royalties from their music and performances.”

Asked where to from now, Naidoo said: “The second part is to go have a trial to declare their contracts invalid and unconstitutional because they are exploitive. They are not getting payment for their music that is used in advertising and other platforms. In other words, my clients were working for free. They have three contracts; for publishing, artist management and exclusive management agreement.”

The court further ordered Ambitiouz to pay the costs of the application including the costs of two counsel.