NACZ intervenes in Zimura licensing dispute . . . directs Zimura to suspend US$150 tariff, regularise registration with NACZ

Mbulelo Mpofu, Zimpapers Arts and Entertainment Hub

The National Arts Council of Zimbabwe (NACZ) has stepped in to halt the Zimbabwe Music Rights Association (Zimura)’s controversial US$150 licensing fee for live bands, ordering its immediate suspension.

In February this year, Zimura directed a local restaurant to ensure that all performing bands obtain a valid license, costing US$150 per event – a sharp increase from the previous US$50 annual fee. This directive divided opinions within the music sector, prompting NACZ to facilitate a dialogue in Harare two weeks ago. The meeting brought together key stakeholders, including representatives from NACZ, Zimura, academics, associations, unions, composers, cover band leaders, and intellectual property beneficiaries. Discussions focused on establishing a fair and sustainable tariff structure for cover bands operating in Zimbabwe.

Following the meeting, NACZ’s communication and marketing manager, Aggabu Nyabinde, expressed satisfaction with the progress and stated that Zimura had shown a willingness to reconsider the fee structure if proper lobbying processes were followed – including direct engagement with composers whose music is performed by cover bands.
However, in an unexpected turn of events, Zimura issued a public notice on Friday, reaffirming its stance. The statement reminded cover bands and event organisers that performing copyrighted music without a valid license is a violation of the Copyright and Neighbouring Rights Act (Chapter 26:05).
“Effective immediately, all performers and organisers must obtain the necessary licenses before staging any event featuring protected musical works,” Zimura stated.

They also warned that they would be conducting nationwide monitoring in collaboration with law enforcement agencies, with legal action against those found violating copyright regulations.

In response through a statement issued on Monday, March 31, NACZ executive director Napoleon Nyanhi issued a directive instructing Zimura to “regularise its registration with NACZ as an arts association.”

Furthermore, NACZ ordered that “all directives for payment of the $150 tariff are suspended immediately pending the conclusion of the registration, dialogue, and negotiation processes.”

NACZ criticised Zimura’s move as drastic, noting that the sharp fee increase had caused widespread panic among venue owners and musicians, leading to lost bookings and cancellations of performances.
While Zimura argues that cover bands profit from copyrighted works without compensating the original rights holders – including widows and orphaned children of legendary musicians – NACZ maintains that a balance must be struck between copyright enforcement and grassroots arts development. – @MbuleloMpofu

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