BFA faces P2million lawsuit
Mqondisi Dube | Sunday September 29, 2024 11:53
Obenne's lawyers, Jere Attorneys, have served the association with a letter of demand after the BFA was accused of using the complainant's video clips without authority. 'We are instructed that sometime in August 2023, he (Obenne) interviewed the late Molefi 'Sexton' Kowa and said the video was posted on the above-mentioned platform (The Foot Ball Experience). Our client has instructed us that on July 4, 2024, the Botswana Football Association hosted a memorial service at the National Stadium for the late Molefi Sexton Kowa, which he attended,' the lawyers wrote to BFA. It is said during the service, a video clip, being a portion of the interview between Obenne and Kowa, was played. 'The said video clip was firstly played for two to four minutes with sound and in full view of the attendees present for the service and members of the general public present at the National Stadium. As the service continued, the said video clip was replayed without sound on repeat. Further, little and or no credit was given to our client as the author and creator of the video clip played,' the lawyers said.
The letter indicates that there was no formal communication made to Obenne for the acquisition and use of the video clip for the purposes of the memorial. It is said Obenne contacted the BFA CEO, Mfolo Mfolo, regarding the unauthorised use of the clip, and it is said that Mfolo was under the impression that authority had been sought. 'Client advised that the truth of the matter is no consent whatsoever was sought from him prior to the publication of such clip in consideration that he holds exclusive rights to its distribution and use,' the lawyers said.
'Our instructions are to demand, as we hereby do, the amount of P2 million as payment in damages for the unauthorised publication and use of the video and legal costs in the amount of P5, 000 to be paid by October 7, 2024, failing which our instructions are to proceed to the High Court for redress,' the lawyers added. In an interview with MmegiSport yesterday, Mfolo said the matter is with the lawyers. 'Yes, we have received that letter. For now, there is not much to comment on save to say our legal team is attending to the matter,' he said.