Online Reporter
ZIMBABWE’S music industry appears to be entering an unnecessary civil war, with artists increasingly raising their voices over copyright, royalties and the unauthorised use of their music.
From legendary names such as Mukanya and Alick Macheso to contemporary musicians such as Fungisai Zvakavapano, the message from artists should not be dismissed: their music is their intellectual property, and those who commercially exploit it must respect their rights.
Music does not simply appear.
Behind every song are hours of writing, composing, rehearsing, recording and promoting.
Artists invest money, time and creativity into producing music that eventually becomes part of the national culture. When other people use those songs for commercial benefit, without proper authorisation or compensation, they are effectively taking away from the people who created the work.
Zimbabwe’s Copyright and Neighbouring Rights Act gives copyright owners important rights, including the exclusive right to reproduce, publish, perform and broadcast musical works or authorise others to do so.
The law also recognises performers’ rights against certain unauthorised exploitation of their performances.
Therefore, this should not be reduced to a quarrel between musicians.
It is a much bigger question about whether Zimbabwe respects intellectual property. The likes of Mukanya, Macheso and Fungisai have spent years building musical identities and catalogues that have become valuable cultural assets.
Their songs are played at weddings, funerals, political gatherings, entertainment venues, radio stations, television programmes and countless other occasions. Their popularity means their work has economic value.
That value cannot simply be ignored.
At the same time, artists need to understand that confrontation alone will not solve the problem.
The industry needs stronger systems for licensing, monitoring music usage and collecting royalties.
There must be greater transparency so that artists know where their music is being played, who is using it and how much revenue is being generated.
Businesses and event organisers must also stop treating music as a free commodity. If a venue uses recorded music to attract customers and generate income, there must be clarity over the applicable licences and payments.
The same principle applies to broadcasters, digital platforms and other commercial users.
However, the copyright debate should also be handled responsibly.
Not every instance of a song being played publicly automatically means someone has committed an offence.
There are legal exceptions and specific circumstances governing the use of copyrighted material.
The answer, therefore, is not for musicians to publicly accuse everyone who plays their songs, but for the industry to establish clear rules and enforce them fairly.
The authorities and relevant collecting societies have an important role to play. Artists should not have to wage individual battles every time they discover that their music is being used.
There should be efficient mechanisms through which rights are registered, licences are obtained, royalties are collected and disputes are resolved.
Zimbabwe cannot claim to value its creative industry while allowing creators to struggle to benefit from their own work.
The current copyright tensions should therefore become an opportunity to reform the music business.
Artists, producers, broadcasters, promoters, businesses, collecting societies and government must sit around one table and establish a system that works.
