Zimbabwe’s music copyright fight: What the artists say, what ZIMURA says and what the law provides

[Yesha]

Zimbabwe’s music industry is facing renewed debate over copyright, cover bands, licensing and who gets paid when an artist’s work is commercially performed.​

The dispute has involved musicians including Fungisai Zvakavapano Mashavave, Dino Mudondo and Thomas Mapfumo, as well as producer and guitarist Clive “Mono” Mukundu and In Total Band.

At the centre is a basic question: when a musician or band performs another artist’s song for commercial purposes, what permission is required and who should receive the money?

What Fungisai says​

Fungisai has objected to the commercial performance of her music by other performers. Her complaint goes beyond simply covering her songs.

She has alleged that some performers copied aspects of her artistic identity, including her voice, image, clothing, dance routines and mannerisms.

In a statement reported by Nehanda Radio, she said:

“They stole my face, my voice, my everything!”

Fungisai is also a ZIMURA member. The organisation has publicly backed her right to challenge the use of her intellectual property. (Nehanda Radio)

What Dino Mudondo says​

Dino Mudondo has also raised concerns over the performance of his music.

He reportedly arrived at a wedding engagement where The Travellers Band had already performed some of his songs, including “Chirangano”, “Makoikoi” and “Jatropha”.

His case has added another dimension to the debate: whether obtaining a general music licence is enough when an individual artist objects to the commercial performance of specific works. (Nehanda Radio)

What Mono Mukundu says​

Mukundu has defended cover bands and maintained that performing existing songs is a normal part of the music industry.

He has argued that cover bands operate internationally and questioned why Zimbabwe should treat the practice differently.

In a WhatsApp exchange published by ZimEye, Mukundu told Fungisai:

“A cover band is a cover band.”

He also said:

“It’s part and parcel of the music industry, there’s absolutely nothing wrong.”

Mukundu has maintained that In Total Band had a ZIMURA licence and was operating within the law. However, ZIMURA disputes the extent of that licence. (ZimEye)

What ZIMURA says​

ZIMURA has rejected the argument that a US$150 receipt gave In Total Band unlimited permission to commercially use Zimbabwean music.

The organisation said:

“A licence is only valid within the scope, period and conditions under which it was issued.”

According to ZIMURA, the US$150 licence being circulated covered one specific event and one day. It did not provide blanket permission for future performances, recordings, distribution or commercial exploitation of artists' catalogues. (Nehanda Radio)

ZIMURA also said it had no record of royalties being specifically remitted to Fungisai from In Total's commercial use of her music.

On Fungisai's wider complaint, ZIMURA said:

“ZIMURA is therefore in full support of Fungisai Zvakavapano Mashavave’s right to assert, defend and protect her intellectual property.”

However, the organisation also cautioned that its statement should not be interpreted as determining disputes that could ultimately be decided by a court. (iHarare News)

What does Zimbabwean law say?​

Zimbabwe's Copyright and Neighbouring Rights Act provides copyright protection for original works and gives copyright owners legal rights over how their works are used.

The law also recognises moral rights, including the right of an author to be identified and the right to object to derogatory treatment of their work. (Law Zimbabwe)

Importantly, the law separately recognises performers' rights. Section 70 states that a performer has the right to prevent the unauthorised exploitation of a qualifying performance. (ZimLII)

The Act also provides a right to remuneration for the commercial use of certain sound recordings of performances. (Law Zimbabwe)

This means there are several different rights that can potentially be involved in one song: the rights of the songwriter or copyright owner, the rights associated with a recorded performance, and the rights of performers.

Where the dispute gets complicated​

The argument is therefore not simply whether cover bands are legal.

The bigger questions include:

• Does the band have the appropriate licence for the particular performance?

• What exactly does that licence permit?

• Who owns the copyright in the song?

• Who wrote the song?

• Who owns the recording?

• Are royalties being collected and distributed to the appropriate rights holders?

• Can an artist object to particular commercial uses of their work?

• When does a cover performance become something more than simply performing a song?

These questions are particularly important in Zimbabwe because artists such as Fungisai, Dino Mudondo, Alick Macheso and others have built valuable catalogues that continue to generate commercial value long after the original recordings were released.

The current dispute involving Fungisai, In Total and Mono Mukundu has therefore reopened a much wider conversation about whether Zimbabwe's copyright system is effectively protecting musicians and ensuring that the people who create the music benefit when it is commercially used.

Source: ZIMURA statements and comments reported by Nehanda Radio and iHarare; Zimbabwe Copyright and Neighbouring Rights Act. (Nehanda Radio)