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Sa Jamali Stole Kenyan Song
kemi
post Jul 16 2006, 08:52 PM
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While I might have sympathy for the girls as they might have been told what to sing by somebody else, I do hope they can take resposibility and atminimum give credit where due.
Sheesh!!...they could have at least changed the lyrics

Its even worse because kenyans are still hurting from the sudden death of Esir who rapped in that song in collaboration with Nameless.
He must turn in his grave everytime Jamali sing the pirated version.
Maisha in swahili does not even mean "my life" as the group says it does.

Here is an article about the piracy
(links to both songs at the bottom)


NAMELESS IN SHOCK AS SA GROUP COPIES TRACK 'MAISHA'
Publication Date: 7/16/2006
Kenyan music is slowly emerging from the woods, but not in the manner most of them wished for...While most of the time recognition comes with good tidings, it can also at times be unwarranted and even totally uncalled for.
Nameless (David Mathenge) is currently smarting from having one of his tracks, Maisha, reproduced by a the undue attention his song Maisha has attracted from a leading South African recording label.
Nameless and his Ogopa DJs production house are still trying to figure out how a South African all-girl group Jamali had the song Maisha in their latest album Yours Fatally.
Now most Kenyans will recall that Maisha is the song in which Nameless featured the late E-Sir and is contained in his album On Fire, which was released by Ogopa in 2003.
It is intriguing to note how the song in Jamali's album is similar to the original one done by Ogopa, including the beats and lyrics. The only difference is in the parts E-Sir raps in Kiswahili. These are now done in ragga.
According to Fakii Liwali, who is Ogopa Deejays consultant, Jamali claim that the song in contention was composed by a Japanese artiste. "They have clearly written on the album's jacket that Maisha was composed by Sadao Watanabe," Fakii told Lifestyle.
Fakii added that they came to know of the song from a South African-based Kenyan, who sent them a copy of Yours Fatally.
When contacted, Nameless says that when he first heard the song, his initial reaction was that of "shock and anger."
But he might find himself in the unenviable position of having to "prove" that he and the late E-Sir actually composed the song. Nameless was however, not willing to talk much about the issue due to its sensitive nature.
Lawyer Nyamu Githaka, representing both Ogopa and Nameless says that they are currently in consultation with an executive from EMI (SA) over possible copyright infringement.
"My instructions are that this song was and is being reproduced by Jamali and EMI Music (SA), without express authorisation from the composers and the producers and publishers," he wrote in a Press statement..."They (Jamali) should have sought permission from the author of the work and given the due recognition on the CD," says Shamalla. "This is to ensure that the author's economic and moral rights are not infringed upon."
From the lawyer's statement, it is now clear that Nameless and Ogopa were not consulted, when the song was included in Jamali's album...."We are now more aware," she adds. She warns that EMI would face legal action should they fail to comply with the MCSK's demands.
It will be interesting to see how EMI will wiggle out of the present scenario. They will also have to explain under what circumstances Sadao Watanabe, a renowned Japanese Jazz musician, came to be involved with the song Maisha. If it turns out that Watanabe has no involvement whatsoever with the composition, as they claim, then the Jazz artiste will also be demanding an explanation from them too.
Fakii confirmed that they have received communication from EMI on the issue, following an e-mail sent to them. He however could not discuss the contents of EMI's communication, saying that the matter is subject to an on-going investigation. By the time of going to press, EMI in South Africa had not returned our call which Lifestyle had placed on Wednesday...On their website www.jamali.co.za, the trio which consists of Liezl, Jacqui and Meriechan, is described as ". . . three young women, all vocally and lyrically talented beyond their collective years."
Their self-titled debut album hit the airwaves more than two years ago. Yours Fatally is described as brimming with "energy, and more pop originality than the girls have ever tackled before."
The claim of originality on the South African artistes is one that Nameless will find difficulty identifying with seeing that his song has been used without due recognition. What do they have to say about Maisha? "Maisha, Swahili for 'my life', is also set to become a high rotation single in the coming year." "It is one of our favourites on the album," Liezl is quoted as saying.


To listen to Nameless's "Maisha" go to: Click for producer's official site
Or for a longer version register here to sample all Nameless' On Fire album
and for Jamali's go to their official site
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malchris
post Jul 17 2006, 01:21 PM
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Very interesting. I dont see any credit being given to he original composer anywhere on the Cd so its definitely not nice. Do you know if legal action's been taken? Or what the reults are of the negotiations between EMI and Lawyer Githaka??

This raises some interesting questions as well. Who takes the beating for this should legal action be taken? The artists or the record label?
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Jahnlay
post Jul 17 2006, 03:00 PM
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Artists, because they passed off someone's tune as their own. Record company because of any investment in the project
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skipper
post Jul 18 2006, 05:01 PM
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QUOTE(Jahnlay @ Jul 17 2006, 03:00 PM) [snapback]82727[/snapback]

Artists, because they passed off someone's tune as their own. Record company because of any investment in the project


unfortunately the SA music industry seems to have this problem.. I can name a few tunes that have obviously been ripped (from well know songs) without any credit given and somehow have slipped under the radar. It actually drives me nuts when I hear this unoriginal plagiarist nonsense on the radio....

mad.gif
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ColinS
post Jul 21 2006, 01:59 AM
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Here's a suggestion to the MIO team:
How about setting up an anonymous Rip-Off-Reporting-Page ?

Folks like skipper could report possible plagiarism, sound-alikes etc. Composers, record companies and producers (if they care) could check in regularly to see if their works have been reported as "stolen".

Obviously, there would be disclaimer so that MIO is not accused of false reporting.

Operation Dudula has had a good measure of success in raising public awareness about piracy. Maybe now is a good time to raise a further awareness about theft of copyright material in the form mentioned in this topic.

Regards - Colin
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fly*
post Jul 21 2006, 07:20 AM
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QUOTE
How about setting up an anonymous Rip-Off-Reporting-Page ?


I think that is something you need to address with Richard 1st wink.gif although I do agree with you on your comments....MIO has to be very careful with falsely accusing or defaming anybody....its very thin ice on which you tread... wink.gif

Whats said on the forum is one thing...whats said by the forum or MIO is something completely different...
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kemi
post Jul 24 2006, 01:32 AM
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Interesting rip-off-page idea ColinS

QUOTE(malchris @ Jul 17 2006, 01:21 PM) [snapback]82721[/snapback]
Very interesting. I dont see any credit being given to he original composer anywhere on the Cd so its definitely not nice. Do you know if legal action's been taken? Or what the reults are of the negotiations between EMI and Lawyer Githaka??
Well so far EMI have claimed;
1. The song was written by a Japanese...you tell me what a Japanese is doing writing a Kiswahili song
2. The song was done by Kenyan popstars and thus Coca-cola has passed over the rights to them...problem is Nameless has nothing to do with popstars or Coca-Cola.
Here is more info

Seems the exact same thing happened with Miriam Makeba's Malaika that considering it a Kiswahili song was very likely originally written by Kenyan Fadhili Williams.

More direct link to the list with the song "Maisha feat Esir" that was done by Nameless long before in found its way to Jamali's album with a song of the same name!
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MadMuziq
post Jul 24 2006, 11:56 AM
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A very interestin issue.

Its funny how our own EMI is dodgin this case. I read some articles related 2this matter en EMI officials ar sayin the got the rights for the song from whosoever coca-cola pop star. On the other hand, they'r sayin the song was written by a Japanese. I find this confusin.

I would really wanna C where this saga goes bt surely the boy from another country seems to be dealin wit the matter 2the highest degree. I'd really love to hear what the trio SA ladies - Jamali say coz they ar tight liped.

I'l b waiting fo the outcome.
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Richard Rumney
post Jul 24 2006, 12:14 PM
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After careful consideration we’ve decided it’s probably best not to set up an anonymous Rip-Off-Reporting-Page.

It would be convenient for composers, record companies and producers to be able to regularly check whether their musical rights have potentially been infringed. But because there would have to be a disclaimer on our part we wouldn’t be able to validate any accusations and this could potentially open the flood-gates to anyone making false accusations.

Thanks for the idea though Colin.

Regards,
Richard Rumney, MIO editor.
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kemi
post Jul 24 2006, 01:25 PM
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QUOTE(MadMuziq @ Jul 24 2006, 11:56 AM) [snapback]82921[/snapback]
A very interestin issue.
Its funny how our own EMI is dodgin this case. I read some articles related 2this matter en EMI officials ar sayin the got the rights for the song from whosoever coca-cola pop star. On the other hand, they'r sayin the song was written by a Japanese. I find this confusin.
I would really wanna C where this saga goes bt surely the boy from another country seems to be dealin wit the matter 2the highest degree. I'd really love to hear what the trio SA ladies - Jamali say coz they ar tight liped.
I'l b waiting fo the outcome.

Maybe he has performed at Coca-cola functions but Nameless is not and has never been a Coca-cola popstar. He started out on his own while he was still in University doing architecture...and has succeeded immensely.
Recently he won 3 Kisima wards :Best Male Artist-Kenya, Best Video-Kenya and Afro Fusion - see link : http://www.kisimaawards.co.ke/
Neither was the late Esir huh.gif who featured in that song related to Coca-cola in any way.

As for a Japanese writing Kiswahili language related songs...well?

Madmuziq,
do you have any of those links to EMI's trying to wiggle themselves out of copyright fraud? Please post them here.
Thanks.

The world is too interconnected and a global village for one to be able to pull off such crimes anymore.

..
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