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The impoverished heirs of Solomon Linda, the Zulu migrant worker who composed The Lion Sleeps Tonight, were set to become millionaires today as a landmark legal action against Disney was set in motion.
The Pretoria High Court seized Disney's South African trademarks ahead of hearing a case over who owns the copyright to one of the most famous songs to come out of Africa.
The move is widely being seen in South Africa as a belated attempt to rectify a terrible injustice perpetrated by the music industry, in which the composer of a world famous pop song was duped out of the riches rightly due to him, forcing his four daughters to grow up in penury in tin shacks in the black township of Soweto.
In an extraordinary legal proceeding, Disney's South African rights to two hundred brand names, including Mickey Mouse, Donald Duck and Winnie the Pooh, have effectively been frozen until the outcome of a separate court case seeking almost £1m in damages for non-payment of royalties to Solomon
Linda's estate, based on a long-forgotten provision of British Imperial Copyright law.
If the legal action is successful, the damages will be awarded to Mr Linda's three surviving daughters, Elizabeth, a nurse; Fildah, a housewife, and Delphi, a domestic worker, and their ten children.
His fourth daughter, Adelaid, died of HIV-Aids in 2001. They all grew up in Soweto in abject poverty.
Zakehle Madonsela, 16, Mr Linda's grandson, said that the court action was "very important" for his grandfather's three daughters and ten grandchildren.
"What I can say to the lawyer is, I think you must work very hard. It is very important. My family is proud (of their grandfather), but also not so very proud because of the things that are happening now (with his song)," he said.
The court's decision means that while Disney can continue to earn income from its South African trademarks, it is prohibited by law from disposing of them until the courts rule on the claim for damages. If the court finds in Solomon Linda's favour, it has the power to sell off Disney's trademarks until the money for the damages claim has been raised should Disney refuse to pay up.
The landmark legal action, which is being brought by Owen Dean, a leading South African copyright lawyer, is expected to have widespread repercussions across the international copyright industry.
More than 175 separate recordings have been made of The Lion Sleeps Tonight, including versions by Glen Campbell, Brian Eno, the New Zealand Army Band, England's 1986 World Cup football squad and the British act Tight Fit, all of whom could now be liable for back and future royalties.
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