{"id":111991,"date":"2016-02-10T09:50:52","date_gmt":"2016-02-10T07:50:52","guid":{"rendered":"http:\/\/businesstech.co.za\/news\/?p=111991"},"modified":"2016-02-10T09:50:52","modified_gmt":"2016-02-10T07:50:52","slug":"mtn-hit-with-take-down-notice-over-unlicensed-music","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/mobile\/111991\/mtn-hit-with-take-down-notice-over-unlicensed-music\/","title":{"rendered":"MTN hit with take-down notice over &#8216;unlicensed&#8217; music"},"content":{"rendered":"<p>Fed-up songwriters have issued mobile network MTN a \u2018take-down\u2019 notice to remove music from its stores as of today.<\/p>\n<p>Non-profit organisation the Composers, Authors and Publishers Association (Capasso) is accusing MTN of owing songwriters R1m in unpaid royalties for 2014.<\/p>\n<p>Capasso is further accusing MTN of failing to declare music sales data and earnings to songwriters for 2015.<\/p>\n<p>And now the copyright body wants MTN to &#8220;cease the use, sale and other exploitation of musical works owned or represented by Capasso members&#8221; by Wednesday, February 10. The mobile network sells music via services such as its \u2018CallerTunez\u2019 offering and the MTN Play Store .<\/p>\n<p>The take-down notice comes after Capasso says it met with MTN on Friday amid media exposure of the dispute.<\/p>\n<p>Subsequent to the meeting, Capasso says it sent MTN an official offer of settlement that required the mobile network to respond by 16:00 on Monday, February 8.<\/p>\n<p>However, Capasso CEO Nothando Migogo says that MTN failed to respond to the offer, which included a call for the mobile network to stop \u201cdeflecting its copyright liability\u201d to third party content aggregators. These aggregators sell music on to MTN.<\/p>\n<p>\u201cCapasso seeks a commitment from MTN to acknowledge that MTN is the music storefront and as such, MTN itself is liable for the copyright use and undertakes to enter into a licence agreement with Capasso in that regard,\u201d said Migogo in a statement.<\/p>\n<p>Last week, Migogo told Fin24 that other networks such as Vodacom have licence agreements with Capasso and are paying songwriters their royalties in a timely manner.<\/p>\n<p>Migogo last week further accused MTN of selling unlicensed music.<\/p>\n<p>MTN, at the time of writing, has not yet responded to questions from Fin24 about the take-down notice. The network&#8217;s music services, at the time of writing, were also still online on Wednesday, despite the take-down notice.<\/p>\n<p>Last week, the mobile network slammed Capasso\u2019s copyright allegations as being \u201cdevoid of all truth\u201d.<\/p>\n<p>MTN South Africa\u2019s executive for sales, marketing and distribution, Larry Annetts, told Fin24 via an email response last week that the mobile network is working with Capasso to \u201csettle royalties for the current period\u201d.<\/p>\n<p>\u201cSince 2014, MTN has required all content providers to obtain all necessary licences and engage directly with regulators,\u201d said Annetts last week. Annetts further said that MTN requested Capasso to submit a \u201crevised and correct invoice in respect of invoices payable\u201d.<\/p>\n<p>Migogo told Fin24 that Capasso\u2019s latest invoice to MTN was correct as it is based on usage reports for 2014 and calculated at the same rate at which MTN paid royalties for music usage in 2013.<\/p>\n<p>Capasso says it represents songwriters either directly or through their publishers.<\/p>\n<p>Songwriters that Capasso represents includes the likes Tarryn Lamb, Nompumelelo Mzobe and Doctor Malinga while publishers range from Ghetto Ruff, Soulistic Music Pty Ltd (Universal Music Publishers), CashTime Life (Gallo Music Publishers) and Sheer Publishing.<\/p>\n<p><a href=\"http:\/\/www.fin24.com\/Tech\/Mobile\/mtn-ordered-to-take-down-its-music-20160210\" target=\"_blank\">Fin24<\/a><\/p>\n<h3 class=\"my-4\">More on MTN<\/h3>\n<p><strong><a title=\"Permalink to MTN is being sued again in Nigeria\" href=\"http:\/\/businesstech.co.za\/news\/mobile\/111855\/mtn-is-being-sued-again-in-nigeria\/\" rel=\"bookmark\">MTN is being sued again in Nigeria<\/a><\/strong><\/p>\n<p><strong><a title=\"Permalink to MTN owes R1 million in unpaid music royalties: copyright group\" href=\"http:\/\/businesstech.co.za\/news\/mobile\/111511\/mtn-owes-r1-million-in-unpaid-music-royalties-copyright-group\/\" rel=\"bookmark\">MTN owes R1 million in unpaid music royalties: copyright group<\/a><\/strong><\/p>\n<p><strong><a title=\"Permalink to What Vodacom and MTN don\u2019t want you to know about WhatsApp and Facebook in SA\" href=\"http:\/\/businesstech.co.za\/news\/mobile\/111417\/what-vodacom-and-mtn-dont-want-you-to-know-about-whatsapp-and-facebook\/\" rel=\"bookmark\">What Vodacom and MTN don\u2019t want you to know about WhatsApp and Facebook in SA<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Fed-up songwriters have issued mobile network MTN a \u2018take-down\u2019 notice to remove music from its stores as of today.<\/p>\n","protected":false},"author":10,"featured_media":37940,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34],"tags":[25,28,3754],"class_list":["post-111991","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mobile","tag-active","tag-mtn","tag-music"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/111991","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=111991"}],"version-history":[{"count":1,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/111991\/revisions"}],"predecessor-version":[{"id":111997,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/111991\/revisions\/111997"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/37940"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=111991"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=111991"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=111991"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}