Online Reporter
Gilbert Munetsi
THE High Court has handed down a ruling that could change the way Zimbabwe’s biggest brands pay musicians for their art.
At the heart of the case was a fast-food giant which was accused of playing songs by some of Zimbabwe’s biggest stars, including Alick Macheso, Jah Prayzah, Winky D, Nutty O and Killer T, without paying royalties to the Zimbabwe Music Rights Association (ZIMURA).
ZIMURA, which represents over 4,500 local musicians and also works with international artists under the CISAC network, argued that the company’s outlets played music for their clients and yet no licence fees were being paid.
The court agreed that the company had, indeed, played copyrighted works belonging to ZIMURA’s members.
However, the association lost out on its US$86,719 claim because it failed to show the actual level of damages, instead calculating the bill as if the company had taken out a standard licence.
Even so, the ruling was a major win for musicians.
Justice Mafusire made it clear that ZIMURA, and not its rival the Zimbabwe Council of Copyright Owners (ZCCO), holds the right to license works by its registered artists.
For the likes of Macheso, Jah Prayzah and the late Oliver Mtukudzi, the judgment sends a strong message — their music cannot be freely used without proper royalties being paid.
