Sampra sues restaurant chain

THE South African Music Performance Rights Association (SAMPRA) has taken legal action against restaurant group, Life and Brand Portfolio.

The Collective Management Organisation (CMO) claims that the company, which has companies such as La Parada, Tiger’s Milk, Grand Africa and others, have been playing South African music unlawfully. 

They said they have an applicable licence fee that they manage on behalf of its members and the group hasn’t been paying it. 

Legal action as last resort

CEO of Sampra, Pfanani Lishivha, said they have been trying to negotiate with the company for the past four years.

“Over the past four years, we have been earnestly trying to negotiate with Life and Brand Portfolio to pay the licence fees due as we are aware that they are using our members’ music in their establishments. Life and Brand Portfolio is, however, adamant in their stance of using music illegally and therefore depriving recording companies and artists of their right to earn income from their music,” he said. 

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Official case filing

Last year, legal action was officially taken against the company for its actions.

Lishivha said this is only the beginning, they will be pursuing legal action against other restaurants as well.

A lesson for many

“We have resolved that over the next few months, we will be pursuing legal action against all music users who refuse to pay Needletime Rights licence fees. Businesses that want to benefit from the blood, sweat and tears of artists without paying the applicable licence fees are unethical and their directors deserve to be jailed for exploiting artists.

“Litigation is not our preferred approach when it comes to licensing music users. It really is a last resort. We cannot, in good conscience, allow businesses to exploit musicians while we stand by and watch. Musicians also have families to support and financial obligations to meet. If we do nothing, we would have failed an extremely vulnerable group of people,” Lishivha said.

Confirmation from authorities

The Western Cape SAPS Media Liaison Officer, Sergeant Wesley Twigg confirmed that a case was opened. 

“The mentioned case was opened at Woodstock SAPS on the 12 December 2023 re: infringement of copy rights. The case was transferred to Commercial Crimes Investigations Unit for further investigations. Investigations continues,” he said. 

Frontdesk receptionist at Life and Brand Portfolio Sanchia Harper said the operation officer wasn't in the office and they couldn't comment on the matter.

"He is not in the office as he left already. We can't comment on this matter," she said.