Award-winning production house Black Brain Pictures, owned by renowned actor and filmmaker Mandla Ngcongwane (Mandla N), is facing a massive R11 million copyright infringement lawsuit for allegedly using the hit song Ngixolele by Busta 929 and Boohle in the drama series The Black Door without proper authorization.
The lawsuit, filed by Mokima Music and Publishing in the Johannesburg High Court on February 6, alleges that Black Brain Pictures used the track in 275 episodes of the show without securing the necessary licensing rights.
Legal Battle Over Song Rights
According to Mokima, the copyright to Ngixolele was handed over to them by artists Mfana Thupa (Busta 929) and Buhle Manyathi (Boohle) after the song’s release in May 2021. The publishing company asserts that it holds exclusive rights to authorize, reproduce, and synchronize the track with any visual content.
Court documents reveal that Ngcongwane and his production company never sought permission before integrating the song into The Black Door. Synchronization, in this case, refers to the timed alignment of the song with visual elements in the series to create a seamless audio-visual experience.
Mokima’s Demands: R40,000 Per Episode
Mokima argues that if Black Brain Pictures had followed protocol, they would have been charged R40,000 per episode for synchronization rights, totaling R11 million.
“Had we been approached to license the song for synchronization as the titular theme of the series, we would have licensed it for a fee of R40,000 per episode, amounting to R11 million,” the legal documents state.
The publishing company further asserts that, as the rightful copyright holder, it retains the power to take legal action to protect its intellectual property.
Mandla N Silent on Allegations
Ngcongwane, known for producing hit television shows such as Abo Mzala, Thandeka’s Diary, and Lockdown, has yet to respond to the lawsuit. City Press attempted to reach him for comment, but he did not answer calls or reply to messages.
A History of Licensing Battles
Mandla N has been vocal in the past about the importance of licensing deals, particularly regarding his own projects on streaming platforms like Netflix. In a previous Instagram post, he highlighted the significance of retaining ownership of his productions rather than selling them outright.
The case has sparked debate in the entertainment industry over copyright compliance and the potential financial consequences of unauthorized music usage. If found guilty, Black Brain Pictures could be forced to pay the full R11 million or reach a settlement with Mokima Music and Publishing.
