Online Reporter
Trust Khosa
Zimpapers Arts and Entertainment Hub
SOME children and widows of both living and departed music legends are on a collision course with In Total Band, a group known for playing cover versions of iconic Zimbabwean musicians.
While it is not an offence under the country’s copyright laws to perform cover songs — since venue owners are required to remit music rights fees to collecting societies for disbursement to composers — many children of music legends and widows remain unaware of their rights.
The matter is still under the spotlight after the National Arts Council of Zimbabwe (NACZ) recently ordered collecting societies like the Zimbabwe Music Rights Association (ZIMURA) to stop charging US$150 per event for copyrights for bands.
The Ministry of Justice, Legal and Parliamentary Affairs also supported NACZ’s move to bar ZIMURA from charging the US$150 per event, pending further deliberations with various stakeholders.
In Total Band is led by Joseph Chinouriri, better known as Jose Sax, as its director.
Youthful instrumentalists Takakunda Mukundu and Naphtali Chivandikwa are key members of the ensemble, famed for playing cover versions that have been endorsed by a leading financial institution.
While the group’s initiative has been embraced by many, there seems to be discord among some children of popular musicians and their widows.
A survey by Zimpapers Arts and Entertainment Hub revealed that copyright education on this issue is needed, as most children of legends require clarity.
The beneficiaries insist that In Total Band is taking advantage of the confusion surrounding Zimbabwe’s copyright laws, accusing them of bullying.
Peter Moyo, son of the late Utakataka Express leader Tongai “Dhewa” Moyo, believes management at In Total Band still owes them an explanation, although he doesn’t want the issue blown out of proportion.
“I have heard about the group’s initiative under the Legends Night banner, but to be honest, we were not informed about their initiative.
“Of course, there are laws that protect them, but acknowledgment is always needed. A phone call from them telling us about their initiative would suffice since they are using compositions meant to benefit us,” stated the new Utakataka Express heir apparent.
He vowed not to be drawn into drama.
“The reason I have not been vocal about it is to avoid drama. I don’t want drama, but people should simply learn to acknowledge and respect each other.”
Similar sentiments were echoed by Tendai Dembo, the son of the late Leonard Dembo.
“To be honest, this is as good as theft or piracy, although these guys are trying hard to hide under some sections of the copyright act,” remarked the new Barura Express leader.
He claimed management at In Total Band had never contacted them regarding their late father’s songs and initiatives.
“When people have the audacity to use other people’s music without even informing the beneficiaries, it is nothing short of arrogance.
“When the late Tongai Moyo played our father’s music, he had permission, but in this case, we have people who just wake up and play cover versions without any acknowledgment.
“We debated this on several platforms and even sought legal advice, but this act is essentially theft, and I won’t change my stance,” stressed Tendai.
Biggie Tembo’s son, Biggie Tembo Junior, appeared to be in the dark, opting for his manager and family spokesperson, Moses Chinangwa, to respond.
“The situation is very complex for us as a camp because we don’t even understand how the whole thing operates. Recently, ZIMURA was barred from charging US$150 per event, and we understand the matter is still underway.
“What we want is at least acknowledgment from these guys (In Total Band) because right now, Biggie Tembo’s widow is not benefiting anything, yet others are profiting from his compositions,” he stated.
Biggie Tembo Junior’s camp noted that the issue needs urgent attention.
“This issue needs immediate attention, but as it stands, we are in the dark. We have noted that the compositions of yesteryear stars are in demand, especially after the recent Legends Night sponsored by Ecobank. While people had fun and we understand more shows are lined up in other cities, what is in store for composers, especially their widows?” he asked.
In another interview, Tembo’s widow, Ratidzai Tecla Marasha, urged In Total Band to stop playing Biggie Tembo’s songs.
“We have been debating this issue with the National Arts Council of Zimbabwe, but it appears we won’t benefit anything.
“I urge them to stop performing my husband’s music forthwith. I can’t continue to tolerate this,” stressed a frustrated Marasha.
Babra Mabuyaye, the widow of the late Fanuel “System” Tazvida, echoed Marasha’s sentiments, urging In Total Band to stop playing her husband’s songs.
She also demanded that In Total Band cease performing Tazvida’s music immediately.
“I have heard that the boys have been playing our husbands’ cover versions at sold-out gigs for their benefit, yet we are struggling to make ends meet, which is totally wrong.
“The guys are simply arrogant, and I have never heard from them, which means they have some form of protection that we don’t have,” she emphasised.
“As such, I order them to stop using my husband’s music at their shows because it doesn’t make any sense that a few people are benefiting from the fruits of their labour. It would have been respectful if they had asked for our permission.”
Mabuyaye continued, “We have been discussing this issue with other widows, but the matter is still unresolved.
“The sad reality is that we don’t have legal backing or support. We are simply on the receiving end.”
In another interview, Suluman Chimbetu disagreed and supported In Total Band’s initiative.
“I don’t have a problem with them playing cover versions of my father’s music because they have introduced a new concept. I consider them my little brothers,” shared Suluma.
Kurai Makore, the nephew of US-based Chimurenga musician Thomas “Mukanya” Mapfumo, weighed in on the debate with diplomacy.
“I know of the boys, and Taka Mukundu has even done a remake of one of my father’s songs without any issue. The music we are doing today was created by others long ago, and it is still evolving,” he said.
He did, however, state that playing cover songs throughout a show is a bit unfair.
“It becomes an issue when covers are played throughout the show, especially when there are commercial benefits.
“Dialogue is needed to ascertain how both parties can benefit, and that is my two cents.
“In my case, I have the right to use my uncle’s songs, but I wouldn’t be found playing his copyrights all night,” explained Makore.
Agga Nyabinde, who is the National Arts Council of Zimbabwe communications and marketing manager, commended In Total for complying with the necessary regulations.
“I would like to commend in total band for being professional. The guys are young, but their level of professionalism is rewarding them. “They are registered as a promoter with NACZ, and they comply with the different obligations they should as an arts organisation.
“With such conduct in any industry success is inevitable.
“I urge all arts and culture practitioners to embrace professionalism,” he said.
In Total Band’s playlist during live shows is usually dominated by all-time classics from departed and living legends.
Their recent playlist at the Legends Night at HICC included “Solo naMutsai” by Devera Ngwena Jazz Band, “Character” (Tendai Mupfurutsa), “Tombofara” (Calvin and Muzi), “Mugove” (Leonard Zhakata), “Mapurisa” (Andy Brown), “Todii” (Oliver Mutukudzi), “Rudo Imoto” (Marshall Munhumumwe), “Nyoka Musango” (Thomas Mapfumo), and “Huya Uzoona,” among others.
The execution, choreography, and sound quality were perfect, but some of the composers’ beneficiaries are crying foul.
