When people think of music rights, they often imagine recording deals and streaming platforms, but the real engine behind long-term revenue lies in Intellectual Property ("IP") rights in the song itself.
Copyright law protects the composition (lyrics and melody) and the sound recording. These rights can be licensed to third parties, such as record labels, event organisers, or brands, who pay royalties for using the song. Revenue can flow from multiple streams:
- live performances,
- streaming platforms,
- sync licenses in adverts,
- global sporting events.
Licensing deals can also include clauses on how revenue must be distributed, such as contributions to charity.
The dispute
The official 2010 FIFA World Cup song, "Waka Waka (This Time for Africa)," performed by Shakira with South Africa's Freshlyground, became a global sensation. It is still breaking records today, with over 4.3 billion YouTube views and close to a billion Spotify streams.
But Freshlyground has raised serious concerns: where are the millions in royalties that were supposed to go to African charities? In 2013, the band first started asking questions but received no clear answers. It is reported that ZAR158 million meant for charities is unaccounted for.
This year, manager Simon Attwell revealed that repeated requests to FIFA and Sony Music have gone unanswered. They were told at one point that royalties went to FIFA's "20 Centres for 2010" initiative, but that charity shut down in 2014.
The Core Issue
Freshlyground's position is simple: a deal was signed, royalties were supposed to benefit charities, and the band now wants transparency about where the money has gone.
The situation highlights an important point for creators: IP licensing should be clear, and a proper agreement should be signed to ensure that revenue flows to the right parties.
Conclusion
"Waka Waka" was meant to leave a legacy beyond just a football anthem. Instead, it has sparked questions about transparency, licensing terms, and accountability in one of the most commercially successful World Cup songs ever. Whether through court or negotiation, this is a story to watch, because at its heart, it is about how IP should not only generate revenue, but also deliver on promises tied to that revenue.
Takeaway
Always ensure that royalty and license agreements are crystal clear, not only on ownership, but also on how proceeds will be distributed, so that all parties (and charities) receive the benefits they were promised.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
