Online Reporter
Trust Khosa
Zimpapers Art and Entertainment Hub
The Zimbabwe Music Rights Association (ZIMURA) has firmly expressed its intention to defy the directive issued by the National Arts Council of Zimbabwe (NACZ) to register with them.
This decision arises from concerns regarding ZIMURA’s operations within the framework established by NACZ, the country’s supreme arts regulatory body.
The controversy began when ZIMURA announced a US$150 fee for copyright bands, prompting a stakeholders meeting aimed at addressing the issue.
In a recent statement, ZIMURA reiterated its position, asserting that registration with NACZ is not mandatory.
“In response to the assertion that ZIMURA must register with NACZ, we would like to clarify our legal standing and regulatory framework.
“ZIMURA operates within the provisions of the law and is duly registered under the appropriate statutes governing copyright and intellectual property rights in Zimbabwe,” the statement reads.
The ZIMURA board highlighted that there is no legal requirement to register with NACZ.
“There is no legal provision mandating ZIMURA to register with NACZ. ZIMURA is registered as a private entity without the term ‘Limited,’ as it is a non-profit organization governed by the Companies and Other Business Entities Act [Chapter 24:31]. ZIMURA holds a valid certificate of incorporation,” stated the ZIMURA board.
The board also indicated that ZIMURA was only registered with collecting society status.
“It (ZIMURA) is also duly registered as a Collecting Society under the Copyright and Neighbouring Rights Act [Chapter 26:05]. Contrary to common belief, ZIMURA is not classified as an ‘Arts Association.’
“The use of ‘Association’ in the name: The word ‘Association’ is part of ZIMURA’s official name but does not define its legal or operational status. No regulation requires ZIMURA to be registered under two separate Acts of Parliament.”
Despite ZIMURA’s defiance, NACZ has insisted that they register with them in a separate statement. “The Zimbabwe Music Rights Association should regularise its registration with the NACZ as an arts association, in line with the National Arts Council of Zimbabwe Act Chapter 25:07, read in conjunction with Section 4 of Statutory Instrument 87 of 2006.
All directives for payment of the $150 tariff are suspended immediately pending the conclusion of the registration, dialogue, and negotiation processes.
The National Arts Council of Zimbabwe takes seriously its mandate to foster, develop, and improve the knowledge, understanding, and practice of the arts in Zimbabwe by encouraging the teaching and practice of the arts and their presentation, performance, execution, and exhibition to the public,” said NACZ director Napoleon Nyanhi.
The director called for cooperation among stakeholders to address the ZIMURA situation.
“We appeal for restraint, civility, and patience on social media and in all spaces of engagement while we strive to ensure that the legacy and intellectual property of our musicians are protected, used fairly, and that commensurate compensation is paid by users,” he added.
derick.khumalo