We’d love to tell you the story of a long, drawn-out story of steamy intellectual property rights action. The amount they were asking for: $1.6 million. So, the Lindas were able to move forward with their lawsuit based on that and, through the song’s copyright license, lump Abilene Music into the suit by proxy.
held around 200 registered trademarks there. had no business or assets in the country, but Walt Disney Enterprises, Inc. The South African court system could not exert jurisdiction over a defendant unless they held assets or a place of business in South Africa. However, the Lindas had no way of going after Abilene Music directly. Unfortunately, the publisher never carried out that request, and Seeger never followed up on it, so Solomon Linda’s total payment for "Mbube" at this point had maxed out at one thousand U.S. After Solomon Linda was properly credited for his part in "Wimoweh," Pete Seeger personally sent Linda a check for $1,000 and instructed his publishers to give whatever Seeger earned from the song directly to Linda. copyright law shouldn’t apply to something that originated in South Africa. The Weavers’ management and publishers had struck a handshake deal with Gallo over the rights to the song, even though they argued that U.S.
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Get the One Cracked Fact daily newsletter! It's full of interesting stuff and is 0% Rick Astley. The industry suits whose job it was to do the due diligence to make sure that was indeed the case knew differently because they had been contacted by Eric Gallo, the guy who paid Solomon Linda a mere pittance for the rights to "Mbube" all those years ago. At the time, they were basing their composition on an obscure recording of the song and merely assumed that it was a traditional African folk song that fell in the public domain. It might be unfair to say that Pete Seeger and The Weavers flat-out stole this song from Solomon Linda. Library of Congress If you’re trying to preserve a folk song, you could do a lot worse. That copy of "Mbube" definitely caught his ear, and over the next couple of years, Seeger had adapted the song with his band The Weavers into their single “Wimoweh,” which peaked at #6 on the charts. Lomax had sent the records to his friend, folk legend Pete Seeger, to see if there was anything in there that piqued his interest. In 1949, a copy of "Mbube" found its way into a stack of albums that American ethnomusicologist (fancy word for music snob with a passport) Alan Lomax had saved from being thrown away at his job at Decca Records.
Related: Black Creators Who Got Their Material Stolen 3 How Mbube Came to America and Became Wimoweh But his legacy lived on through his music, and his biggest hit inspired a new genre of African a cappella music called Isicathamiya, also referred to as Mbube. Even though he and his music were still popular at the time of his death, he died in such poverty that his family couldn’t afford a tombstone for his grave for another 18 years. Solomon Linda died of kidney failure in 1962.
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The family’s stake in the international copyright got a little murky due to a series of bureaucratic snafus, namely South Africa declaring its independence from the British Commonwealth in 1960 and deciding to make up their own damn copyright laws. With South Africa being a British colony at the time, the rights were under the jurisdiction of British copyright laws that would have guaranteed the rights would revert to Linda’s family 25 years after his death.
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