Online Reporter
Langalakhe Mabena
Austria- based celebrated musician Vusa Mkhaya has aired his thoughts on the thorny issue gripping the local industry — the verdict by Zimbabwe Music Rights Association (ZIMURA) to “force” bands doing cover songs to pay US$150 per gig to the association.
ZIMURA, under the new regulations, is enforcing local bands and artistes to pay US$150 per event to perform cover songs — a move backed by the Copyright and Neighbouring Rights Act (Chapter 26:05).
However, different local bands such as Band Fusion, Travellers Band, Ramsey K and the Big Ray band who are “believed to have been making a killing through performing cover songs,” all agree that the amount pegged by ZIMURA for each gig is “too much.”
The bands are pushing for ZIMURA to come up with a plan to craft a license that can be paid annually.
In light of the above, Vusa Mkhaya, who has travelled and performed in various cities worldwide, believes that it is a “scam” by ZIMURA to ask creatives to pay such a huge amount every time they perform cover songs.
“When we perform all over the world we submit our set list to every venue, event promoter and festivals. On that set list, the composer/songwriter/arranger of every song is mentioned.
“The venues and festivals pay a certain fee to the copyright collecting societies of their respective countries for hosting live performances. The collecting societies then distribute to the composers/songwriters/arrangers mentioned on the set list.
“They must be registered with a collecting society in their respective country in order for them to be identified on the international data base and be paid accordingly.
“We have performed in more than 50 countries and 200-plus cities around the world. No one has ever made us pay a fee to perform at a venue because we have one or two covers on our set. We actually get paid royalties for performing our own songs live onstage.
“What ZIMURA is trying to do in asking artistes to pay US$150 flat fee if they have cover songs on their set list is a scam. How much do bands (that perform in pubs and weddings) get paid in Zimbabwe right now?
“Where will they get the US$150 to pay ZIMURA after every gig? Will ZIMURA distribute the money to all the collecting societies representing the composers, songwriters, arrangers of the cover songs?” questioned Mkhaya.
The Zimbabwe Musicians Union (Zimu) are seconding Mkhaya and strongly asks ZIMURA to follow the international standards of licensing and distributing royalties to the rightful creatives, in a proper manner.
“The Zimbabwe Musicians Union (Zimu) denounces Zimura’s sudden imposition of a US$150 licensing fee on artistes performing cover songs. This directive contravenes both global best practices and Zimbabwean law.
“Globally, licensing fees for public performances are the responsibility of venues and promoters, who secure licences to cover all performances within their spaces, with royalties distributed to creators.
“This is standard practice in jurisdictions like the United States, South Africa and the European Union and has also been implemented by Zimura for years.
“By abruptly shifting this burden to artistes, Zimura has disrupted a long-standing system, sowing confusion and anxiety across the industry,” read part of Zimu’s statement.
