Following Die Antwoord posting the below mentioned libelous statement on their Face Book page, where they have over 150 000 fans, Harry & Co, on behalf of Pendra Dissell and Sean Metelerkamp, would like to issue the following statement.
Check it: SEAN METERLEKAMP who claimed to ‘direct’ ZEF SIDE is a fuckin parasite and a liar. Ninja, Yo-landi and DJ HI-TEK started DIE ANTWOORD 5 years ago on our own. Sean took some photos of us and interviewed us under our direction then stabbed us in the back and keeps using our music and imagery without our permission. That art award is a fuckin wank. Sean fuck you and your old alcoholic slut boss in the face.
In December 2009, Sean Metelerkamp, who had previously produced various photographs for Die Antwoord, was approached by Ninja and Yolandi to create and direct a video for them, something that was later called ‘Zef Side” and was produced and funded by Harry & Co, who acted as the production house.
Die Antwoord did not contribute any money towards either the video or the photographs and as a result, they did not formally commission or offer a material benefit to Sean, or Harry & Co, to produce them, something that would have entitled them to ownership of any related content. At the same time, that their likenesses are in the related content is confirmation that they did agree to appear in both the video and the photographs. In addition, they have actively been using both for marketing purposes, to further promote their band and the Die Antwoord brand.
In Copyright Law, the heart of the issue is that ideas cannot be copyrighted, so in legal terms it is irrelevant as to who contributed to the ideas used in the video or the photographs, something that is most often as a result of a collective collaboration. Instead, the copyright initially belongs to whoever ‘reduced such ideas into material form’, and in both these cases, this was Sean, and Harry & Co. Sean Metelerkamp has never stated that he is entirely responsible for the concept all round, but that he acted as the Director and was a key contributor to the ideas, cannot be disputed.
In legal terms, Sean’s right to be identified as the author (Director and Photographer) of the video and stills are enshrined in Section 20 of the Copyright Act, or the so-called Moral Rights clause.
As the Director & Photographer, Sean is perfectly entitled to use the content for marketing purposes, in order that this activity extends benefits to his career as a whole and of course showcases his talent and work. In regards to this, Harry & Co acts as his creative management company and Pendra Dissell has performed a strong publicity role in terms of promoting Sean’s involvement all round. As a result, she too has been slated by Die Antwoord continuously and is also defamed on their recent Face Book entry.
The truth around this matter is that Ninja and Yolandi have for some time vehemently disputed the fact that Sean may be named as Director of “Zef Side”. They have also inappropriately and ignorantly disputed the fact that he is entitled to claim ownership of the video or the photographs in any way. At the same time, they go as far as to credit him as Director of “Zef Side” on their official website page, and have also recently offered him a substantial amount of money to purchase his photographs in order to take them into their control, a gesture that surely implies their recognition of his ownership once again.
Very appropriately, Sean has most recently been one of the winners in the YouTube Biennial of Creative Video at the Guggenheim Museum in New York City, an accolade he is well deserving of. This has evoked an outcry from Die Antwoord who appear to be outraged at the fact that a third party is being applauded for his essential and key contribution to the development of content that has contributed to the international success of their band. It could safely be claimed that it is in fact since the Zef Side Video attracted over 6 million hits on two sites on YouTube, that Die Antwoord themselves have blown up and moved from being a lesser SA story into an international success. At no time have Sean or Harry & Co discouraged this success and in fact, any marketing activity initiated by Harry & Co’s Pendra Dissell has only benefited Die Antwoord too.
In the meantime, both Harry & Co and Sean Metelerkamp continue working and producing great content and have no need or interest to behave in an opportunistic way or climb on the bandwagon of anyone’s success. Instead, our success is of our own making and will continue to be, plus it will play out in a professional sense, without debasement or sour grapes being a part of it in any shape or form.
