Alabaster Box
Ghanaian music group, Alabaster Box, has accused hiphop artiste Medikal of sampling one of its popular songswithout seeking permission.
Alabaster Box emphasised that Medikal ought to have asked permission before using portions of the song, ‘Akwaaba’ in his new song titled ‘Welcome to Africa’.
The question of whether Medikal should pay Alabaster Box for the unauthorised use of parts of ‘Akwaaba’remains unanswered.
Alabaster Box is also yet to state whether Medikal should compensate the group because he broke copyright regulations and the group was not consulted throughout the song’s sample version’s creation.
Copyright infringement therefore occurs when; “(a) the work is exhibited for commercial use, (b) the work is distributed, (c) the work is reproduced, extracted, and duplicated for commercial use.”
In case of infringement of a copyright, the Act 690 of 2005 provides the following remedies to apply; “the owner of the copyright may (a) petition the copyright administrator for the resettlement for such dispute through arbitration, (b) institute criminal proceedings against the offender. If the offender is convicted, he stands to pay a fine. (c) He can also institute proceedings in the court for an injunction to stop continuing of infringement.”
The group, however, claims that Medikal sampled their popular song ‘Akwaaba’ without seeking permission.
It said the first 10 seconds of ‘Welcome to Africa’ closely mirror the original composition of ‘Akwaaba’, suggesting not only direct copying but also intentional use.
The group argued that the use of the word ‘Akwaaba’ in the title and lyrics of Medikal’s song indicates clear awareness of their work.
It alleges that Medikal aggressively promoted and distributed the allegedly infringing track on major streaming platforms including YouTube, Audiomack, Spotify, Apple Music, and Boomplay, further deepening the violation.
Through lawyers, Alabaster Box has issued a formal demand for the immediate removal of ‘Welcome to Africa’ from all digital and traditional platforms.
The group also wants an end to any marketing, performance or sales activity related to the song, and is demanding termination of any contracts associated with its production and distribution.
In addition to halting all promotional activity, the group is requesting a full financial account of revenue generated from the song, as well as the disclosure of all individuals or companies involved in its promotion or distribution.
Should these demands not be met, Alabaster Box is threatening to escalate the matter to court, where they will seek an injunction against further use, as well as the destruction of all copies of the song.
They are also seeking financial compensation for the unauthorised use and additional damages for what they describe as willful copyright infringement, along with recovery of legal fees.
Neither Medikal nor his management has officially responded to the allegation.