ZIMBABWEAN MUSIC AND INTELLECTUAL PROPERTY RIGHTS: A General Overview

An Excerpt by Sonny Mncedisi Dube

In the span of their music careers, artists grapple with the multifarious demands of the music/ creative industry. Apart from complex beats, performance anxiety, gruelling studio sessions, tight schedules, fatigue from long flights and sleepless nights, they grapple with the law, complex contractual obligations and it is these that are more pressing and become a subject of rants, bitter and convoluted social media posts, debate, podcast topics, headlines, discussions and in some circumstances, lawsuits.

Ignorantia juris non excusat - which means ignorance of the law is no excuse.

Vigilantibus non dormientibus iura subveniunt - which means the law serves the vigilant not the indolent nor those who slumber.

 

The above legal maxims become relevant in various cases as these artists sign contracts which are legal documents with unequivocal contractual terms on the consequences, rights and obligations of each party. It is imperative that every artist glean and apply their mind to the implications of appending their signature to any legal document be it a management contract, distribution contract, production, record label, endorsement contract or brand ambassadorship contract. In such circumstances it is recommended that artistes/creatives should get lawyers and other such practitioners who are knowledgeable in these technical areas to help them navigate any complexities with ease.

There are various types of contracts that artistes/creatives may sign in the scope of their careers include but are not limited to the following.

1.      Artist Management Contract,

2.      Music Distribution Contract,

3.      Publishing Contract,

4.      Music Production Contract,

5.      Live Performance/Booking Contract,

6.      Licensing Contract,

7.      Endorsement Contract,

8.      Brand Ambassadorship Contract,

9.      Brand Partnership Contract,

10.  Project Collaboration Contract,

The various laws in Zimbabwe that govern the music industry and the entertainment space in the broader sense include the Copyright and Neighbouring Rights Act [26:05], the Trade Marks Act [Chapter 26:04], the Censorship and Entertainment Control Act [Chapter 10:04], Broadcasting Services Act [Chapter 12:06], National Arts Council of  Zimbabwe Act [Chapter 25:07], Companies and Other Business Entities Act [Chapter 24:31], Customs and Excise Act [Chapter 23:02], Zimbabwe Music Rights Association (ZIMURA) Regulations (not legislation), the Income Tax Act [Chapter 23:06], just to mention a few.

There are also international legal instruments which are relevant to this discussion which constitute a gamut of legislative pieces that govern intellectual property rights. The aforementioned legislative pieces will be discussed in separate article as to the degree to which each and all affect the entertainment industry and entertainers in the Zimbabwean space.

It is therefore necessary for key players in the Zimbabwean entertainment space including artistes, artist managers, record labels, talent managers, promoters, including brands that support the creative industry, to be conversant with these and other laws.

 

About the Author

Sonny Mncedisi Dube | The NovemberMan is among other things a self-confessed fan of the culture, a writer, legal practitioner and a creative consultant.

 

#zimbabweanmusic #zimdancehall #zimhiphop #copyright #intellectualpropertyrights #musiclaw