Digital gold: Protecting Zimbabwean creativity in the age of copy-paste

JULITA MUSHATI / FUNGAI CHIMWAMUROMBE

Digital content is expanding at an extraordinary pace, transforming the way creativity is produced, shared and consumed.

In Zimbabwe and across the globe, technology has opened powerful and accessible platforms that allow both established professionals and emerging creators to reach audiences far beyond traditional boundaries.

Musicians can upload a song instantly, writers can publish online within minutes, and software developers can distribute applications worldwide at the click of a button. Yet this same digital convenience carries a hidden cost.

The very platforms that generate income and visibility for creators have also made copying, downloading and redistributing original works effortless.

What once required physical reproduction can now happen in seconds. As a result, the creativity that fuels economic opportunity has simultaneously become more exposed to exploitation, leaving creators vulnerable in an environment where protection struggles to keep pace with innovation.

While technology has expanded market access and opened doors to international audiences, it has simultaneously created loopholes that make unauthorized reproduction easier than ever before.

This shift exposes creators and rights holders to significant economic losses and legal uncertainty. It is within this tension between innovation and vulnerability that blockchain technology begins to attract attention as a possible solution.

By offering a decentralized, transparent and tamper-resistant method of recording ownership and transactions, blockchain presents a potentially transformative tool for strengthening copyright protection in the digital age.

The Current Legal Framework in Zimbabwe

Zimbabwe is not without legal protection for creators. Engraved under section 9 of the Copyright and Neighboring Rights Act [26:05] automatic protection is afforded to creators and owners of copyright once an original work is created and expressed in material form.

Section 17 the Act confers exclusive economic rights upon copyright owners, reinforcing their control over the commercial exploitation of their works. In addition, Section 61 the Act safeguards the moral rights of authors, enabling them to object to the misuse, distortion or derogatory treatment of their creations. Where violations occur, Section 51 the Act provides the statutory basis for copyright infringement proceedings.

On paper, the law is strong. The Act recognizes both the economic value and the personal integrity attached to creative works.

However, while the rights are clearly articulated, enforcement in the digital environment presents a different reality. Monitoring unauthorized use across multiple digital platforms is even more complex. Royalty collection and distribution systems also face transparency and tracking challenges in fast-moving digital markets.

The issue, therefore, is not the absence of legal protection, it is the difficulty lies in enforcing those rights effectively within a technological landscape that has evolved far more rapidly than the statute itself.

Understanding Blockchain in Simple Terms

At its simplest, blockchain can be understood as a secure digital record book. Once information is entered, it is timestamped, verified across a network of computers, and cannot easily be altered. Unlike traditional databases controlled by a single authority, blockchain operates on a decentralized system, making the records transparent and resistant to tampering. In the context of copyright, this technology becomes particularly interesting, especially in disputes under Section 17 of the Copyright and Neighboring Rights Act, such a record could strengthen a creator’s evidentiary position by supporting proof of authorship and date of creation.

Blockchain also introduces the possibility of automated licensing through smart contracts digital agreements programmed to execute automatically when certain conditions are met. In industries where delayed payments and royalty disputes are common concerns, this level of automation could significantly improve transparency and accountability. By creating a traceable and tamper-resistant history of transactions, blockchain offers creators and investors greater confidence in Zimbabwe’s evolving digital economy.

Legal and Regulatory Considerations

Despite its potential, blockchain is not yet expressly recognized under Zimbabwe’s copyright framework as a formal system of registration or rights management. The Copyright and Neighboring Rights Act was enacted long before decentralized ledger technology became commercially relevant, and it contains no specific provisions addressing blockchain-based recordation. Cross-border jurisdiction presents another layer of complexity, given that blockchain networks operate beyond national boundaries. As such, meaningful integration of blockchain into Zimbabwe’s intellectual property system may ultimately require deliberate legislative reform and clearer regulatory guidance.

Julita Mushati is a legal intern at Zenas Legal Practice and can be contacted for feedback on julita@zenaslegalpractice.com and whatsapp 0772306088

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted at fungai@ zenaslegalpractice.com