‘Do not milk what is not yours’

Hope Masike and Alexio Gwenzi

Music is everywhere, but do you understand the rules around using it?

Months ago there was an issue of copyright which caused a stir in the country after various musicians were affected by it.

A Shona proverb goes, “Mombe yekuronzeswa kama wakaringa nzira.” Literally it translates to, if a cow has been left in your care (and doesn’t belong to you as such), you may milk it but while keeping an eye on the road, in case the owner returns at any time.

Metaphorically, it means, “Do not get comfortable milking from what isn’t yours, even if it’ has been loaned to you”.

This is the same principle that governs copyright.

The law merely prohibits anyone from “milking” from music they did not create, unless they seek permission and or pay for milking the music.

Essentially, when you buy music, it becomes yours, for personal consumption.

It is not a licence to “milk’ that music for commercial purposes.

In music, these laws that stipulate how much usage of a musician’s work you are allowed and at what point, are what we call copyright law.

What is copyright?

Issues to do with copyright have been discussed over and over on different forums and platforms, however, there remains a huge knowledge gap in terms of what copyright really is.

It is said that “ignorantia juris non excusat” which simply means you are not excused from deserved criminal charges simply because you didn’t know the law.

Because of this, it is very important that everyone understands how they can stay clear of breaking the law, in this instance copyright law.

It is also key for the owners of copyright (the musicians/producers/composers etc.) to understand how the law protects them as well as remedies available to them in instances where that right is infringed upon.

Stakeholders is a fancy name, but in music, we all are stakeholders. As long as you listen to music (live or recorded), play or use the music to make your venue or shop more appealing, use background music for your advert and so forth, then this article is for you.

It grants the copyright holder exclusive control over how their music is used.

This includes copying, distributing, adapting, displaying, and performing the music.

Reproducing another person’s creative work or any of their Intellectual Property, without their express consent is illegal.

The law in Zimbabwe provides for protection of legal rights belonging to originators or artistic works.

Copying, which is the word used interchangeably with reproducing or duplicating intellectual property, or artistic work in this instance, can only be done by the originator of that work who has the legal right to do so.

In other words, copyright is the “right to copy” or “right to reproduce”, or “right to duplicate”.

Every originator of artistic or musical works such as composers, songwriters, producers and publishers of music, has this legal right to reproduce or copy their own work.

However, these originators can give another person the authority to reproduce, duplicate, copy or broadcast their creative work.

Authority to use the work is granted by the originator of the work through a licensing agreement to use the said work.

It is of paramount importance that ‘everyone’ understands what legal copying is so that we all avoid being on the wrong hand of the law. Just because you bought a musicians music does not give you the right to duplicate it and worse still, have any commercial gain from this music.

The law in Zimbabwe, according to Section 59 subsection 5 of the Copyright and Neighbouring Rights Act, provides that a person can face imprisonment of up to two years, if they copy, duplicate or reproduces someone else’s work without their prior consent through a licensing agreement.

Locally, Zimbabwe Music Rights Association (ZIMURA), has been given the authority to licence users of music on behalf of its members who are composers, producers or publishers of music.

Music is used by everyone for many different reasons, it could be for entertainment or for business. Some of the music users include private individuals, media houses such as radio and television stations, businesses such as hotels, lodges, restaurants, nightclubs, bars, grocery and shops among others.

All these stakeholders must not use this music for free. The law in Zimbabwe requires them to pay for the use of this music after getting a license to use, reproduce or broadcast it from the originator of the creative work or their agents such as ZIMURA.

Copyright is a very important foundation of a musician’s livelihood. It ensures that they are properly compensated for their creative intelligence.

Additionally, copyright allows musicians to control how their work is presented to the public.

In Zimbabwe, for use of music, broadcasters pay out royalties to musicians through the Zimbabwe Music Rights Association, which in turn distribute these to its members.

Therefore, let us all make sure we are on the correct side of the law. Let us all make sure we are not illegally milking from our musicians and thereby robbing them of this important part of their livelihoods.

Masike and Gwenzi are board members of the Zimura and also renowned musicians.