Online Reporter
Fidelis Munyoro-Chief Court Reporter
Simbisa Brands escaped a $86,719 claim for royalties but was found to have infringed copyrights by playing music under the Zimbabwe Music Rights Association (ZIMURA)’s collection without proper authorisation.
High Court judge, Justice Joseph Mafusire, delivering judgment in the case brought by ZIMURA, ruled that Simbisa violated copyrights but absolved it from the monetary claim due to insufficient evidence.
“The first defendant (Simbisa Brands) violated the copyright in the musical works played at its outlets during the period in question,” Justice Mafusire said.
He dismissed ZIMURA’s claim for damages, saying, “The plaintiff has failed to prove the amount of its claim. The quantum bears no relationship to the prejudice that it allegedly suffered.”
The dispute arose after Simbisa switched its licensing arrangement from ZIMURA to the Zimbabwe Council of Copyright Owners (ZIMCCO), a competing collecting society.
Simbisa argued that ZIMCCO’s license covered its use of music in public spaces, while ZIMURA maintained that ZIMCCO had no authority to license music belonging to its stable of local and international artists.
Justice Mafusire agreed with ZIMURA on the issue of copyright ownership.
“The second defendant shall not authorise any person to play music that is protected by copyright,” he ruled.
However, the court found ZIMURA’s computation of royalties flawed. ZIMURA had calculated its claim based on licensing fees rather than assessing the actual damages from the copyright violations.
The court also noted that some artists appeared to be registered with both ZIMURA and ZIMCCO, further complicating the claim.
Costs were divided among the parties. ZIMCCO was ordered to pay ZIMURA’s ordinary legal costs, while Simbisa and ZIMURA each bore their own expenses.
Justice Mafusire emphasised that defending the suit was legitimate and did not warrant punitive costs.
The judgment highlighted the complexities of copyright enforcement and called for greater precision in assessing damages. Despite ruling against ZIMCCO, the court’s exoneration of Simbisa from financial liability underscored the need for collecting societies to present clear and robust evidence in such disputes.
