22 Jan 2007
Dubai: Two of the late Egyptian music legend Abdul Halim Hafez's heirs are accusing Dubai-based satellite TV station MBC of illegally exploiting his name commercially and making a $50 million fortune.
The legend's two heirs, M.C. and F.H., are claiming Dh15 million in compensation in a civil lawsuit lodged against MBC at the Dubai Civil Court, Gulf News has learnt.
MBC's legal advisor, Dr Habib Al Mulla, of Habib Al Mulla and Co Advocates and Legal Consultants, has dismissed the complainants' "groundless accusations" and asked the court to reject the lawsuit, which is believed to be the second legal action taken by Hafez's heirs against the station.
The plaintiffs' lawyer, Samir Ja'afar of Ja'afar, A'alwan and Al Jazeeri Advocates and Legal Consultants said in his lawsuit that M.C. and F.H. owns 62.5 per cent of Hafez's assets, including all his artworks; radio and TV songs, programmes, recordings, cinema and TV movies plus his curriculum vitae which Hafez wrote in his biographical story along with his personal photos.
"My clients were surprised when the station reportedly misused Hafez's name and artworks commercially by broadcasting a special talent-hunt show named Al Andaleeb, Who Is He? or Al Andaleeb Mann Yakoun? (in Arabic). During several weeks, the station commercially exploited the legend's name by producing and broadcasting the show without the plaintiffs' consent or knowledge," explained Ja'afar.
Abdul Halim Hafez was known among his fans as Al Andaleeb Al Asmar or the Dark Nightingale.
The defendant's action brought them a $50 million (around Dh183 million) profit from Hafez's name, said the lawyer who explained that the plaintiffs' are claiming Dh15 million in compensation plus nine per cent legal interest.
"Using Hafez's artworks commercially is the heirs' exclusive right which was breached by the station," said Ja'afar.
Dr Al Mulla said his client, MBC, has strongly denied the plaintiffs' claims and described them as "baseless, uncorroborated and absolutely untrue" especially regarding the commercial exploitation.
"The claimants have failed to differentiate between author's rights and the rights of others. They have considered Hafez as an author which he is not. Hafez was a singer and actor which makes him a performance artiste and his rights are not the rights of an author as mentioned in the claimants' lawsuit," defended Dr Al Mulla.
"Hafez is the Arab people's artist and any station has the right to produce or broadcast programmes about Al Andaleeb Al Asmar. Many stations have been doing that, on Hafez's death anniversary, during the past 30 years and will keep doing so," said Dr Al Mulla.
The civil court will take up the case next month.
By Bassam Za'za
Gulf News 2007. All rights reserved.
