Three impoverished South
African women whose father wrote the song known as "The Lion Sleeps Tonight"
have won a six-year battle for royalties in a case that could affect other
musicians.
The story surrounding the song that never seems to go out of date amounts to
a rags-to-riches tale, replete with racial overtones.
No one is saying how many millions will go to the daughters of the late
composer Solomon Linda, who died in poverty from kidney disease in 1962 at age
53. But the family's settlement last month with New York-based Abilene Music
gives Linda's heirs 25 percent of past and future royalties and has broad
implications.
Linda composed his now-famous song in 1939 in one of the squalid hostels that
housed black migrant workers in Johannesburg. According to family lore, he wrote
the song in minutes, inspired by his childhood tasks of chasing prowling lions
from the cattle he herded. He called the song Mbube, Zulu for lion.
It was sung, in true Zulu tradition, a cappella. Linda's innovation was to
add his falsetto voice, an overlay of haunting "eeeeeees," to the baritone and
bass main line. To this day, this style is called Mbube in South Africa.
The song sold more than 100,000 copies over a decade, probably making it
Africa's first big pop hit.
In the 1950s, at a time when apartheid laws robbed blacks of negotiating
rights, Linda sold worldwide copyright to Gallo Records of South Africa for 10
shillings ¡ª less than $1.70.
The song became one of the best known songs in the world as "The Lion Sleeps
Tonight," attributed to George Weiss, Hugo Peretti and Luigi Creatore. American
singer Pete Seeger adapted a version that he called "Wimoweh," making it a folk
music staple.
Owen Dean, South Africa's leading copyright lawyer, argued successfully for
Linda's family that under the British Imperial Copyright Act of 1911, which was
in force in South Africa at the time Linda composed his song, all rights revert
to the heirs, who are entitled to renegotiate royalties.
"Now the way has been shown," Dean told The Associated Press. "Others in
similar circumstances can fight such injustice, and I have no doubt that there
are other people in this position."
The 1911 act affects all countries that were part of the British Empire at
that time ¡ª a third of the world.
It remains to be seen how the settlement with Abilene, which holds the
copyright to the popular songs that grew from Linda's composition, will affect
his family. Abilene couldn't immediately be reached for comment.
Of Linda's three surviving daughters, only the youngest has a job, as a
nurse, and she still lives in the family home in Soweto, a satellite suburb set
up for black workers under apartheid. Her sisters never reached high school. One
runs a home-based grocery. The other recently lost her job cleaning a doctor's
office and supports a daughter who gets occasional work cleaning homes.
Linda's fourth daughter died of AIDS in her 30s in 2002 as the lawsuit
dragged on, without money to buy drugs that could have saved her life.
Kevin Chang, a Jamaican reggae expert, said the case means that "musicians
living in poverty, and other artists, may finally be rewarded for their work."
Chang believes the decision could be applied to an ongoing British court case
in which Carlton Barrett of Bob Marley and the Wailers is suing Marley's estate
for royalties, arguing songs he co-authored are being credited only to Marley.
Web sites list hundreds of versions of the "Lion," including many top of the
pops over the years. Folk, swing, minstrel, big band, reggae and R&B
versions have been sung over the years. The New Zealand Army had it as a
favorite tune for a while.
In the 1970s, Linda's widow signed over the rights to Abilene.
The song's captivating rhythm poured from the soundtrack in Disney's
blockbuster musical "The Lion King" ¡ª one of at least 15 movies in which it's
been featured.
"The musical was netting millions of dollars and Solomon Linda's daughters
were trying to survive as domestic servants, not earning enough to feed their
families," Dean told the AP.
Dean's tactics included winning a court order last year freezing Disney's
rights to income in South Africa from legendary trademarks including Mickey
Mouse, Donald Duck and Winnie the Pooh pending resolution of the dispute. That
appears to have been a turning point, though Disney never was sued in the court
case.