James Stewart rose to local fame as the writer and lead singer for pop rock sensation The Usual – with chart topping songs like ‘The Shape That I’m In’ and multi-SAMA award winning ‘Like a Vision’ released in the early noughties. With the success of his band, it was no wonder James was approached by brands keen to use his music in television ads. Which is when he got screwed.

In 2000, The Usual released an album called ‘Born In A Storm’, which included a song that James had written called ‘Looking For A World’.

In 2006, Forever Resorts approached him through their production company, requesting use of ‘Looking For A World’ in an ad they were producing.

James signed a deal to rerecord ‘Looking For A World’ and license its usage for one year. The ad was due to be broadcast in cinemas in South Africa.

Fast forward to 2013. James was casually making a cup of tea in his house when he saw the Forever Resorts ad on television – primetime television. With his song playing in it.

At first, James assumed his publisher had renewed the deal, and that he was in line for a little more income. Upon querying the fact with his publisher, he was informed that no such renewal had been signed.

At this point, Stewart’s publisher sent an email to Forever Resorts, advising them that they were using Stewart’s song without the necessary permissions, and invited them to discuss the matter as soon as possible and negotiate a fair usage fee.

Instead of replying, they forwarded the email from Stewart’s publisher to their attorneys, who replied that they had considered “the facts” and taken instruction from their client who “…is perfectly entitled to use their song having concluded a buyout deal of all rights for all media…in perpetuity.” (Our emphasis.)

Now, if you remember, Stewart signed a one year deal for his song to be used in South African cinemas. Despite Stewart’s efforts to enlist the help of attorneys, Forever Resorts strategy was to simply ignore correspondence.

Here is some of the reasoning quoted to Stewart by Forever Resorts, paraphrased by Stewart on his blog:

• I must have known about the deal because of a previous business I had with the dude who ‘sold’ them the rights.
• That I wrote the song specifically for Forever Resorts in 2006, they paid me for it and therefore they own it.
• Take it up with the dude we ‘bought’ the song from. It’s your problem.
• Their lawyer was very clear about his client ‘being an honorable man’. That my version is ‘far fetched to say the least’ (That’s ‘lawyer-speak’ for you’re lying)

Head over to James’s blog to read his full account of the situation.