The Authoritarian Spirit of Copyright Enforcement
Check out how Zimbabwe is cracking down on any and all public enjoyment of music.
Zimra to Descend On Copyright ViolatorsZimbabwe Standard (Harare)
April 24, 2005
Posted to the web April 25, 2005By John Mokwetsi
ZIMBABWE Music Rights Association (Zimra) will descent hard on revellers or anybody using local music without their copyright music licences.
Local musicians have been fleeced of millions of dollars through piracy, free use and free downloads on the Internet. In view of this the association has announced that it will take stern measures against anybody using music without official authorisation.
In a Press release Zimra's administrator, Mary Jaure, said: "Most companies in Zimbabwe play music at their premises for the entertainment of staff or customers either by means of radio, television, cassettes, compact discs, music on hold or through the Internet.
"What these companies do not realise is that if they play this music at their premises without a copyright license from Zimbabwe Music Rights Association, they are breaking the law and rendering themselves liable to either criminal or civil proceedings."
She said there is a common belief existing in Zimbabwe that only those who perform music live on stage are liable for copyright royalties. This, she said, is not the case.
"Any proprietor of a shop, factory, office, surgery, bottle store, night club, hair salon, gymnasium, discotheque etc is infringing copyright by playing the radio or cassettes in public without a copyright music licence," said Jaure.
She said the inlay/sleeve of each cassette or compact disc or videotape contains a warning that public performance is forbidden, a warning which is mostly ignored.
A performance of music is classified as a public performance if it takes place anywhere outside a private home and must be authorised by the copyright owner.
"Without the existence of Zimbabwe Music Rights Association, all music users would be legally obliged to obtain the necessary authority from the composers of each and every work to be played.
"With a Copyright Music Licence from Zimbabwe Music Rights Association, the music user is relieved of this tedious task. The composers are also assured of receiving the financial compensation to which they are legally entitled," Jaure said.
Zimra recently employed seven License Inspectors who will travel throughout the country seeking music users for the purpose of issuing copyright music licences.
The licences can also be obtained from the Zimra offices in Avondale.
Zimra is a non-profit making organisation that was incorporated in terms of section 22 of the Companies Act (Chapter 24:03) for the purpose of administering the public performance, broadcasting and cable diffusion rights of composers when their music is performed in public.
Their rights to local music is derived directly from composers in Zimbabwe, while the rights to international music have been assigned to them by countries all over the world which have, like Zimbabwe, adhered to the Berne Convention for the protection of literary and artistic works.
Zimbabwe Music Rights Association administers these performing rights given to composers in terms of the Copyright and Neighbouring Rights Act Chapter 26:05, by issuing copyright licenses for which royalties are levied and then distributing the collected royalties, minus administration expenses, to the composers whose music is performed.
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