Warner Music demands a fee for ‘Jerusalema’ dance videos
The catchy song “Jerusalema” by the South African DJ Master KG and Nomcebo Zikode had become a global hit during the pandemic. At first, there were several videos with group dances on the video platform “TikTok”, then the movement spread to helpers such as nurses, doctors, police officers, and firefighters. Groups of staff at businesses, hospitals, police forces, and other workplaces around the world have since filmed themselves dancing to Jerusalema as a way of spreading good cheer during the pandemic.
There haven't been many opportunities to create a sense of community in the past few months, with lockdowns and strict social distancing rules in place. In the coronavirus pandemic, the internet has become a place of refuge to stay connected. The "Jerusalema Challenge" has been one way in which people have built a sense of togetherness in 2020. People around the world shot videos of them dancing to the song by the South African singer Master KG, which was released at the end of 2019.
The dancers had mostly just used the song without asking for their consent or asking about the conditions. According to a report in German news magazine Focus, the Ministry of the Interior of the state of North Rhine-Westphalia has already settled the claims for the participating police departments in the state.
Now the record company Warner, with which Master KG is under contract, has demanded license fees for the use of the song in the videos.
“We love the fact that the fans are getting behind 'Jerusalema'. But if organizations in Germany use the song to promote themselves, we think they should secure a dubbing license," a Warner spokesman told Focus.
Legally, the matter is clear: "The song is protected by copyright and may not be distributed without consent," Karl-Nikolaus Peifer, professor of civil law with copyright, industrial property rights, new media, and business law at the University of Cologne told DW. The author must also be asked before using it in a new context, such as a self-made and published video. Otherwise, there is an infringement of copyright.
Morally, it is debatable whether Warner's approach is appropriate. With all the excitement and criticism, however, one shouldn't lose sight of the legal and solidarity components.
A spokesperson from Warner Germany told DW that private persons would not be fined or need to obtain a license to use "Jerusalema" as part of the challenge in Germany, Austria, and Switzerland. But the record company's stance is different if "there is an advertising or image-promoting effect in favor of an institution, organization or company." That is where license negotiations start.
In these difficult times, it is more important than ever that artists and performers are paid for their music when it is used by third parties to enhance their reputation," the spokesman said. If a song is used without permission, the artist will lose royalties."Our job is to ensure that our artists receive fair compensation for using their music," says Warner Records.
“With the attitude that every piece of content on YouTube is an asset," he says, "it is often forgotten that someone has to pay the artists."Of course, it can be argued that Master KG and his label Warner benefited from the challenge because it contributed to the popularity of the song. Nonetheless, art, especially music and films, is still often interpreted as a self-service shop. Nobody would think of using someone else's car for a video shoot without asking first.
Promise
Senior Staff Reporter
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