In the realm of intellectual property (IP), royalties are the legal mechanism by which creators, rights holders, and licensees share in the value of original works. Whether in music or publishing, royalty structures are governed by contract, copyright law, and, at times, litigation.
IP law relies heavily on royalty mechanisms to facilitate the lawful exploitation of protected works. Whether in the form of copyright royalties for literary and artistic works, patent royalties for technological innovations, or trade mark royalties for brand licensing and franchising.
This article explores recent royalty disputes, including those involving Tyla, and the creators of Hamba Juba, with commentary on South Africa’s legal frameworks.
What are royalties?
Royalties are recurring payments made to the owner or licensor of IP for the use of that IP by another party. In South African law, royalties are typically governed by:
- The Copyright Act 98 of 1978 (the Act), which protects original works and provides for licensing and assignment of copyright (including musical works).
- Contract law, which governs royalty agreements.
- Tax law, notably the Withholding Tax on Royalties, which applies to payments made to foreign persons from South African sources (15% unless exempted).
Under South African law, copyright protection arises automatically upon the creation of an original ‘work’, provided it meets the criteria set out in the Act, namely that the work must have sufficient effort expended in making the work giving it an original character and that the work has been reduced to a material form.
The Act grants the owner of the work exclusive rights to reproduce, distribute, perform, and adapt their work. Any use of these protected works by third parties requires permission, typically via a licensing agreement, which in most instances triggers royalty payments.
There have been multiple royalty disputes in the music industry, ranging from well-known international stars to our local home heroes (and heroines).
2025 - Tyla’s Water
South African artist Tyla faced legal action in July 2025 when the plaintiffs, California-based songwriters, Olmo Zucca and Jackson LoMastro, alleged uncredited contributions to her global hit Water.
This case was lodged in the United States early this year, with the plaintiffs claiming that they were involved in the song’s composition but were excluded from royalty agreements and producer credits. Along with Tyla, Sony Music Entertainment, and producer Sammy SoSo were also named in the dispute. The plaintiff is seeking prospective and retroactive royalties, including 12.5% share of the publishing royalties.
The case is ongoing, with no known developments, but it underscores the importance of clear royalty agreements being entered into before a track drops, because when disputes take centre stage, even a hit like Water cannot douse the flames.
2025 - Lady Amar, Murumba Pitch, Cici and JL SA’s Hamba Juba
The viral hit Hamba Juba featuring JL SA, Lady Amar, Murumba Pitch, and Cici, has gained millions of streams on Spotify and other music platforms like YouTube. Yet, several contributors claim (via TikTok) they have received no royalties for the hit.
JL SA alleges that he produced the song from scratch and never got paid for his production. Lady Amar also shared a TikTok video alleging she has not been paid for her work in response to JL SA’s TikTok.
Music manager Sfiso Ndlovu addressed the allegations on a YouTube show, saying JL made the song in his (Ndlovu) studio and states that JL breached his contract by signing with another record label and therefore causing a material breach to their agreement. This case shows the importance of teaching musicians about contractual clarity in collaborative work.
South African singer and songwriter Cici has also released a detailed press statement, via her attorneys, addressing the ongoing royalty dispute surrounding the hit song. In her statement, she confirms that she and The House of Thom have not received their rightful payments and are engaged in a dispute resolution mechanism through the South African Music Rights Organisation (Samro) and await the allocation of a mediation date.
Samro is mandated to administer royalties on behalf of composers, authors, and publishers of musical works. Its core duties include licensing music users, collecting royalties, and distributing those royalties to registered members.
Samro also plays a role in resolving disputes over royalty splits, authorship claims, and delayed payments. However, the organisation has faced mounting criticism over transparency and efficiency.
Royalty disputes sit at the crossroads of copyright, contract, and commercial practice, an increasingly complex terrain as South African artists expand their global reach. With rising stakes around royalty enforcement, legal oversight becomes not just advisable but essential.
Engaging a qualified attorney ensures that royalty payments are made on time, agreements are watertight, and missteps in one area do not trigger costly consequences in another.
