Khago has won a major lawsuit against his former producer as the artiste has been awarded U$800,000 in damages against Kemar ‘Flava’ McGregor.
The damages claimed were part of a countersuit against McGregor, who is the principal of Streaminn Hub Inc, in a South Florida court presided by district judge Jose E Martinez last month.
The wife and manager of the artiste, Francine Gayle, has confirmed Khago’s win and says they are happy and relieved that the case is now over. “Khago is very happy for the fact that out of all that has happened; we have gotten the final judgment. It’s been a long time’ we have waited for how long it took. Finally, the victory is here. To God be the glory, great things he hath done,” she said in an interview with the Jamaica Observer.
Kemar ‘Flava’ McGregor and his lawyer failed to attend the final hearing, but the judgment was handed down in spite of their absence. The judgment also included an order by the court that McGregor was to cease marketing of Khago’s music, and using his likeness, images on any platform in addition to the damages.
The breakdown of the damages includes U$300,000 in statutory damages for copyright infringement, US$99,568.59 for compensatory damages for tortious interference with business relationships, and US$ 65,352.00 in reasonable expenses and attorney’s fees, which all rounded off to US$763,626.36.
The lawsuit stemmed from a dispute between Khago and McGregor, whose business was hired to recoup royalties for Khago in the United States. McGregor eventually took Khago to court for fraud, breach of contract, defamation of character, and copyright infringement in 2018. The two fell out over Khago’s albums “Spirit, Walk a Mile and Dancehall Soca.”
McGregor’s claim was thrown out in 2020, and Khago then filed a countersuit. Gayle said that the lawsuit brings to the fore the need for artists to know the business of music not only from their performance side but earning passive income from their talent.
“Apart from enjoying the benefits of an artiste, know the business or find a reputable person or entity that can advise you. Music in Jamaica is not done in a professional way. People jus’ guh inna a studio and guh drop a track. They don’t know about their splits; about registering for royalties or copyright; about publishing. Basically, you just voice and walk away. Yet, your music is selling on all the platforms and you don’t even know how you’re going to get your money — How much per cent belongs to you and how much per cent supposed to go to the producer. You have to know the business and you have to know this. This is something he [Khago] learned, this is not a hobby. It’s a career.”
Meanwhile, the artist is set to open a studio in Manchester, Jamaica, in late March. He shot to fame after joining the Jamaica Cultural Development Commission’s independence contest, where he placed third for his song “If You Know.”
His hits include “Nah Sell Out,” which led to him snatching various local and overseas awards.