When Culture Meets Commerce: What the Nando’s x Music Rights Showdown Means for Advertising, Film & Talent in 2026
In early 2026, a seemingly fun viral ad turned into a high-stakes legal battle that every
creator, brand and casting professional should be watching. At the centre of the storm: a
beloved South African classic, a global chicken brand, and questions about who really gets
paid when culture is reused in media campaigns. (Central News)
Here’s what’s happening — and why it matters to you.
The Legal Spark: A R850,000 Music Rights Demand
Music executive Nota Baloyi has launched a formal demand against Nando’s, claiming
R850,000 for what he says was the unauthorised use of a track connected to Brenda
Fassie’s iconic music in a recent peri-peri chicken campaign featuring rapper Kwesta.
According to reports, the ad’s soundtrack blended Kwesta’s hit “Spirit” — itself a track that
samples a classic Brenda Fassie tune — to celebrate South African culture and drive
engagement. But Baloyi argues that the appropriate rights weren’t cleared and that legacy
artists and estates deserve fair compensation.
While Nando’s claims it secured the necessary rights through the song’s publishers, the
dispute underscores a bigger conversation about ownership, legacy, and fair pay in the
creative economy.
1. Rights Clearances Are Non-Negotiable — Even for Viral Campaigns
For brands and agencies, this is a wake-up call: just because a song feels “public” or
widely loved doesn’t mean it’s free to use. Classic tracks like Brenda Fassie’s Vulindlela
and Kwesta’s Spirit carry multiple layers of rights — composers, estates, publishers — and
each layer must be cleared before commercial use.
Inadequate clearance can lead to:
- lawsuits or financial claims
- damaged brand reputation
- mistrust with artists and rights holders
For casting directors and production houses, this means negotiating music rights early,
just like you would for talent releases or location permits.
2. Music & Visual Media Are More Entwined Than Ever
Kwesta’s Spirit is more than a hit song — it’s become a cultural soundtrack across South
Africa, played at celebrations, events and now even advertising campaigns. When your
work taps into that kind of emotional connection, it can elevate a brand narrative — but
only if executed legally and ethically.
For filmmakers, music supervisors and casting professionals, this battle highlights how:
- iconic music enriches storytelling
- using cultural touchstones can boost audience engagement
- but legal missteps can eclipse creative success
3. Legacy Artists Still Drive Modern Creative Strategy
Even decades after her passing, Brenda Fassie’s music remains deeply influential — not
just for fans but for advertising, film and cultural storytelling. Songs like Vulindlela are
woven into South Africa’s collective memory and rhythm.
But influence shouldn’t be taken for granted. Brands wanting to tap into cultural nostalgia
must:
- respect legacy rights
- engage with estates and original creators
- offer fair compensation and credit
This case puts a spotlight on how cultural heritage is used — and who benefits when it is.
4. Every Stakeholder Needs Clear Contracts
One of the emerging lessons from this dispute is that contracts matter. Whether you’re an
artist, manager, casting director, or brand partner:
- Artists and estates should ensure their rights are clearly documented and
enforceable.
- Brands and agencies should insist on detailed proof of rights when music is
licensed for commercial use.
- Casting and production teams must verify that all elements — from music to
talent releases — are fully cleared before distribution.
This protects both the integrity of your work and the financial interests of everyone
involved.
5. Audiences — and the Industry — Are Watching
Perhaps the most important takeaway is that consumers care about authenticity and
fairness, and the industry does too. Social media reaction to this dispute has been mixed,
with some praising efforts to uphold artists’ rights and others arguing brands are
celebrating culture.
For talent and clients, this means:
- choosing partners who respect creative rights
- valuing transparency in deals
- understanding that ethical choices build long-term brand equity
Final Thought: Creative Licensing Is Part of the Craft
In the modern media ecosystem, successful campaigns — whether film, ad or music video
— rely on interlocking creative rights: performance, composition, publishing, visual media,
and more. This dispute isn’t just about a chicken advert — it’s a reminder to creatives and
clients everywhere that respect for artistic ownership is essential to sustainable
storytelling.
Get it right, and your work connects authentically — strengthening careers, brands and
culture itself.
