The organisation which represents more than 4 000 artists and acts as an agent for international societies under CISAC, claimed Simbisa had failed to pay royalties and demanded US$86 00 but the wheels of justice cleared the esteemed company. In his ruling, Justice Mafusire confirmed that while Simbisa outlets did play music whose rights were assigned to ZIMURA, the association failed to prove the quantum of damages. “The plaintiff has failed to prove the damages that it might have been entitled to and the first defendant is entitled to be absolved from this aspect of the plaintiff’s claim,” Justice Mafusire said when handing down the ruling.
The court also determined that ZIMCO despite being a registered collecting society could not license the use of music belonging to artists under ZIMURA. As a result, ZIMCO was barred from authorising public performances of works protected by ZIMURA and CISAC. On costs the judge ordered ZIMURA and Simbisa to each bear their own legal expenses, while ZIMCO was directed to cover ZIMURA’s ordinary costs. Industry observers say the judgment sets a precedent for how businesses navigate multiple collecting societies and reinforces the need for clear royalty structures to protect both artists and users.
Read Full Article on ExpressMail Zimbabwe
