HARARE – The High Court has ruled that the Zimbabwe Council of Copyright Owners (ZICCO) cannot license the use of music whose copyrights belong to members of the Zimbabwe Music Rights Association (ZIMURA) or its international affiliates.
In a judgement delivered on September 10, Justice Mafusire found that Simbisa Brands – which operates Chicken Inn, Pizza Inn and other fast-food outlets – did infringe copyright by playing ZIMURA-protected music without a licence.
However, ZIMURA failed to prove the amount of damages it claimed, leading the court to absolve Simbisa of liability for the US$86,719 it was being sued for.
ZIMURA had argued that between November 2023 and October 2024, Simbisa played music by local and international artists under its stable without paying royalties. Simbisa countered that it was licensed by ZICCO, another registered collecting society, and therefore believed it was compliant.
Justice Mafusire said registration as a collecting society alone did not entitle ZICCO to license works that it did not own. “The issue is not about being registered … It is about who has the copyright in the music played for public consumption,” he wrote.
The court also criticised ZIMURA’s damages claim, saying it was improperly calculated as if it were simply unpaid licence fees. “Works of music by different artists cannot possibly have the same value … the plaintiff has failed to prove the amount of its claim,” the judge ruled.
In the end, the court declared that ZICCO has no authority to license ZIMURA’s repertoire, but each party had partial success: Simbisa was cleared of paying damages, while ZICCO was ordered to pay ZIMURA’s costs.
Source: ZimLive
