Tawanda Marwizi
One of Zimbabwe’s most celebrated choral groups, Zimpraise, has come under fire for breaking the copyright law amid revelations that they performed Pastor Bandimba’s song “Dombo” without his consent.
Bandimba has now engaged lawyers after efforts by the Zimbabwe Music Rights Association (ZIMURA) to facilitate dialogue between Zimpraise director Joseph Madziyire and Bandimba hit a snag.
Correspondence between Bandimba and ZIMURA show that the musician and Zimpraise could not reach an agreement after Madziyire failed to respond to the claims.
“I write to complain about my song Dombo some call it Jesu Dombo which Zim Praise performed live in the Harare Gardens on the 3rd of November 2018. I am reliably informed that no acknowledgement of my name as the composer or writer or singer of the song was done on this particular day.
“While everyone who took part in this well sponsored show was paid I feel that it’s not fair for my song to be used as a Zimpraise song for free. One of the young men who plays an instrument there had notified me unofficially about their intention to use my song and I
had warned him to inform whoever leads this group to not use my song without my consent or any agreement of some sort. Yet they still went ahead to sing it,” reads part of an email sent to ZIMURA.
The musician pleaded with ZIMURA to assist him recover costs from the group.
“May you please help me recover the costs from Zimpraise for using my song as their composition without my permission or let alone without even mentioning my name as the composer, writer and singer of the song. I tried to find proof and only bumped on a very short clip of the song sung on this day. I have attached it on this email. My ZIMURA
number is 617,” he said.
In response, the association acknowledged the issues that had videos attached.
“Your complaint has been noted. We will get in touch with the concerned people from the group. However, l would like to find out if you have a figure in mind for the damage,” ZIMURA said.
This publication is reliably informed that Madziyire snubbed the emails send to him by ZIMURA.
In a letter dated November 13 2018, ZIMURA head of Documentation Roseline Chirume notified Madziyire of Bandima’s claims. Madziyire is yet to respond.
Efforts to get a comment from Madziyire were fruitless as he is said to be out of the country with his secretary Rejoice Mahadzwa saying she does not know the matter.
“I am not aware of that issue maybe you can wait for him to return. He is out and I don’t know when he is coming back,” she said.
Section 5(4) of the Copyright Act notes that the acts restricted by copyright in a literary, dramatic or musical work are reproducing the work in any material form; publishing the work; performing the work in public; broadcasting the work; causing the work to be transmitted to subscribers to a diffusion service and making any adaptation of the work.
