Online Reporter
Mthabisi Tshuma, [email protected]
The Zimbabwe Music Rights Association (Zimura)’s recent introduction of licensing fees for performing cover music has sparked outrage among musicians, who say the costs are too high.
Under the new regulations, local bands and artistes must now pay $150 to perform cover songs—a move backed by the Copyright and Neighbouring Rights Act (Chapter 26:05).
Zimura, which sets tariffs for various music users, has had its new fees endorsed by the Ministry of Justice, Legal and Parliamentary Affairs.
A widely circulated letter from Zimura, titled “Licensing Requirements for Live Music Performances”, addressed to a venue owner, stressed the importance of ensuring that all bands performing at their establishment have the necessary licences.
The letter states:
“As you may be aware, the performance of copyrighted music without the proper licences is a violation of copyright law and regulations. To avoid potential legal issues, you are required to check the validity of a band’s copyright licence from Zimura before booking them.”
It further outlines that: “The licence fee for live bands performing cover versions or copyrighted music is US$150 per event.
“The venue owner or event organiser must verify that the band has a valid Zimura Music Copyright Licence before the performance.
“Failure to comply will result in a penalty of US$100 on top of the required licence fees if an unlicensed band is found performing.”
In an interview, Zimura’s executive director, Polisile Ncube-Chimhini, defended the new fees, saying they are reasonable given what bands earn per performance.
“Yes, bands have the capacity to pay US$150 because, from our survey, they earn above US$200 per show. Some bands even make between US$500 and US$600, so the fee is sustainable,” she said.
Ncube-Chimhini also clarified that the majority of the money collected goes to the copyright holders.
“The right holder or owner of the copyrighted music benefits from the licensing fees. Zimura deducts only 30% or less, while the rest is paid to the copyright owners. We will collect a playlist from bands that have performed to ensure proper distribution.”
When asked whether bands will be required to submit a list of songs they intend to perform, Ncube-Chimhini confirmed:
“Yes, it’s a requirement for bands to provide us with their setlist.”
The new regulation will hit Bulawayo artistes hard as the city is home to many bands that rely on performing cover songs at restaurants, bars and corporate events. Many of these bands thrive on live gigs.
What the artistes now fear is that as a result of the new fees, many venues will reduce the number of performing bands.
There have been mixed reactions from artistes with Sam Siwela of The Outfit Band acknowledging that the fees benefit songwriters but criticised the lack of consultation before implementation.
“This new licensing structure is good because it ensures that those who write music are compensated. However, there should have been a dialogue between musicians and regulators to agree on the fees,” he said.
Siwela added that the fee is unrealistic for smaller gigs.
“Some musicians perform in bars where they don’t earn much and should also pay less,” he said.
Lungile “Luiji” Ndlovu, vocalist and drummer for Band Fusion, echoed similar concerns.
“As a band that performs both original and cover music, we support industry regulation because it protects artistes’ rights. However, we are worried about the structure of these fees,” he said.
Luiji noted that the licensing costs are disproportionate to earnings, especially outside Harare.
“For bigger events where large crowds attend, it might make sense but here in Bulawayo and other smaller towns, it’s different.
Live bands are already struggling as they are getting very little from shows.
“US$150 per gig is unreasonable in Bulawayo because that’s already half or in some cases what bands are paid per show,” he added.
The new licensing fees have left musicians divided, with some acknowledging the importance of copyright protection while others argue the financial burden could worsen the situation of most bands.
— @mthabisi_mthire
