Posted a Jerusalema challenge video? You'll pay for that

jerusalema challenge mps

MPs take part in the dance to the viral Jerusalema dance challenge at parliament buildings on October 14, 2020. 

Photo credit: Jeff Angote | Nation Media Group

Corporations in Kenya and across the region could soon be forced to part with thousands of shillings in fines after taking part in the popular Jerusalema dance challenge.

This is after Warner music, the record label of South African musician Master KG, the maker of Jerusalema, on Monday said it will demand licence fees for use of the song in numerous videos.

The corporation, in a statement to German news outlet Deutsche Welle (DW), said it will be demanding fees from any organisation or institution that used the music, either “as an advertising or image-promoting effect in favor of an institution, organisation or company”. 

DW quoted a spokesperson from Warner Germany as saying that participants of the challenge ought to have sought permission from the song's producers in the form of a licence before posting videos of them dancing to the song.

This means that institutions like Parliament and private companies that took part in the challenge, either as part of their public relations or simply riding the wave, are liable to the fines. 

And while Warner Music is yet to disclose the amount it will charge said institutions, it noted that the fines will not be imposed on individuals who took part in the challenge. 

Besides MPs who danced to the video last year just like the rest of Kenyans, a number of government institutions, county governments like Nairobi and Mombasa as well as parastatals and private firms took part in the challenge.

Master KG

South Africa singer/ songwriter and producer Master KG.

Photo credit: Pool

The Jerusalema track is a creation of Master KG and fellow South African artiste Nomcebo Zikode. Produced and released in 2019, the song took over the airwaves in 2020 and provided much-needed joy during a gloomy period dominated by the Covid-19 pandemic.

By the end of last year, the soundtrack had been streamed at least 60 million times on Spotify, illustrating the immense popularity it had during the pandemic.

Started paying

In Germany, where many of those working as essential workers in the police, nursing and other departments took part in the challenge, the Ministry of Interior of the state of North Rhine-Westphalia said it had paid fines for participating police departments in the state.

Should the company go ahead with imposing the fines, many, including institutions in the country, could be forced to part with the large sums in the form of fines, for infringing on the rights of the producer, a move that has already elicited sharp reactions online.

Open letters written to Warner posted online have accused the company of filling its pockets from the viral challenge and its good intentions. Some lawyers also questioned the morality of the move, with some arguing that while the music company had the right to protect its copyright and that of its artistes, the timing of the move was off. 

Others say the company ought to have warned users to first delete the videos before imposing the fines, even as music activists pointed to the low earnings generated by artistes as the pandemic ate into revenue from live performances, concerts and royalties.