Singer Kobus Muller Wins Case Against Big Boy Records
Well-known singer and Suppersterre Winner, Kobus Muller, won his case against Big Boy Records on Tuesday, 3 June 2014 at the High Court in Pretoria.
Kobus said it is is always unfortunate if an artist has to take legal action against his record label to exercise his rights. "About 18 months ago, a dispute arose between myself and my record label, Big Boy Records. I was then given the option to cancel the agreement, which I accepted. I then went to record with Toi Records in Hamburg, Germany, after informing Big Boy Records that I am planning to pursue an International music career. I released several songs in Europe, which successfully reached the Top 10 charts on International Radio Stations. After my international success became public knowledge Big Boy Records then sent threatening legal letters to Toi Records, all of the sudden claiming that I am still bound by contract to them and that they need to cease all songs and CD releases, marketing and promotions and to stop any dealings with me. Big Boy Records also claimed all legal copy rights to all international recordings. They also succeeded to remove my internationally released songs from iTunes. Legal letters were also sent to various Radio stations banning them from playing my music. This was a clear indication that Big Boy Records had one goal and that was to destroy me financially by destroying my music career," says Kobus.
In an agreement made between Kobus Muller and Big Boy Records, an order was made in the High Court of South Africa, Gauteng Division, Pretoria, that states the following:
1. Declaring that the Performers Agreement (herein after referred to as "the Agreement") between the Applicant and the Respondent is herewith cancelled with immediate effect.
2. The Respondent (Big Boy Records) shall cease forthwith to exercise its rights granted in terms of the Agreement but may dispose of any CD's made in terms of the Agreement and which were in existence as at the date of expiry of the Agreement.
3. The Respondent's (Big Boy Records) rights to dispose of such CD's shall be subject to the right of the Applicant to receive remuneration in respect of the disposal of such stock in accordance with the provisions of the agreement.
4. The Respondent place on record that the following CD's are in stock to be sold:
a. Kobus Muller - Alles en Meer - 90
b. Kobus Muller - Tribute to Engelbert Humperdink - 10
Kobus said after the Court's ruling that he is very excited to be able to proceed with his music career, which was held ransom by Big Boy Records for close to 18 months and he is ready to advance his career in all aspects. " I would like to thank my lawyer Mr Ferdinand Hartzenberg, Advocate Gert van Niekerk, Family and Friends and all of my loyal supporters for the amazing support that I received during this unfortunate time. A Special thanks to Peter Sebastian and the Toi Records team in Germany, who never stopped believing in me and my talent and for the opportunity to expand my music career internationally to make South Africa proud."
Kobus added: "People can try and take everything away from you but they will never be able to take away your God given talents."
In light of the fact that the contract with Big Boy Records is lawfully cancelled, Radio stations are free to play Kobus Muller's music and anyone can book me again for performances at Lefra Productions on (011) 815 3000 or to email Lefra firstname.lastname@example.org
Be on the lookout for my Internationally recorded songs, soon to also be released in South Africa
Due to the fact that Kobus has not received a cent in royalties over the last 18 months from Big Boy Records, he instructed his attorneys to proceed with action against Big Boy Records for payment of his royalties.