Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign

The post Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign appeared first on SA Hip Hop Mag.

Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign. Nando’s South Africa has firmly dismissed allegations of copyright infringement surrounding its recent viral advertising campaign, maintaining that it lawfully secured all required rights to use Kwesta’s hit song “Spirit”.

The fast-food brand issued an official statement this week describing claims of unauthorised use as “completely incorrect”, stressing that the music was licensed through the proper and legally recognised channels.

At the centre of the dispute is “Spirit”, Kwesta’s chart-topping collaboration with Wale that became a defining anthem of the late 2010s. The song draws heavily from Brenda Fassie’s legendary 1997 track “Kuyoze Kuyovalwa”, alongside additional musical influences such as Spiritchaser’s “These Tears”. The fusion of deep house nostalgia, amapiano textures, and modern hip hop gave the record lasting cultural resonance, celebrating resilience, joy, and ubuntu.

Nando’s selected the track for a high-energy social media campaign promoting its peri-peri chicken offerings. Developed in partnership with the creative agency We Are Bizarre, the advert quickly gained online traction and reportedly delivered a notable boost in audience engagement and sales. To secure synchronisation rights, Nando’s paid approximately R850,000 to Downtown Music Publishing Africa, trading as Sheer Publishing, which represents the song’s composers and principal rights holders.

The controversy escalated after music executive Nota Baloyi, managing director of BSN Project and Urbantainment, publicly claimed that his company controls publishing rights linked to the Brenda Fassie material sampled in “Spirit”.

Baloyi alleged that the Fassie estate was excluded from negotiations and demanded R850,000 in compensation from Nando’s, mirroring the sync fee paid to Downtown Music. He further threatened civil litigation and criminal fraud charges against Kwesta and his management, arguing that necessary clearances and royalty arrangements were mishandled.

Nando’s response has been direct and uncompromising. According to the company, its legal representatives at Bouwers Inc. issued a formal letter to Baloyi in November 2025 addressing the allegations. Nando’s says no response was ever received.

In its statement, the company said it obtained the rights to “Spirit” through full collaboration with the original composers and all rights holders represented by Downtown Music trading as Sheer Publishing. Nando’s added that the licensing process was transparent and fully compliant with legal requirements, and that it has no reason to question the validity of the rights granted.

The brand further clarified that any disputes regarding ownership or publishing rights fall between the music industry parties involved and do not affect Nando’s licensed use of the composition.

Downtown Music has supported Nando’s position, confirming that Baloyi does not own the relevant copyright and that the licence was issued only after authorisation from the rightful rights holders.

Closing its statement, Nando’s reaffirmed its commitment to the creative community, saying it values artists and looks forward to continued positive collaborations in the future.

The dispute once again highlights long-standing challenges within South Africa’s music industry, particularly around sampling clearances, publishing rights, and the management of legacy catalogues belonging to iconic artists such as Brenda Fassie. These conflicts often involve layered agreements between estates, publishers, composers, and performers, and are frequently resolved outside the courtroom.

The post Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign appeared first on SA Hip Hop Mag.

The post Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign appeared first on SA Hip Hop Mag.
Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign. Nando’s South Africa has firmly dismissed allegations of copyright infringement surrounding its recent viral advertising campaign, maintaining that it lawfully secured all required rights to use Kwesta’s hit song “Spirit”. Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral Campaign The …
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