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Mthabisi Tshuma, [email protected]

The debate in Zimbabwe’s music industry continues to rage following the Zimbabwe Music Rights Association (Zimura)’s recent introduction of licensing fees for performing cover music.

Under the new regulations, local bands and artistes must now pay $150 per event to perform cover songs — a move backed by the Copyright and Neighbouring Rights Act (Chapter 26:05).

This decision has sparked outrage among musicians and their associations, who argue the tariffs are unfair.
Musicians and music associations have spoken. Veteran music producer and composer, Clive “Mono” Mukundu, described Zimura’s move as a step in the right direction, stressing the importance of paying composers their dues. However, he feels the enforcement of this policy seems punitive and needs adjustment.

“This issue of music composers receiving payments is actually a good thing and it is common practice worldwide. However, it shouldn’t be presented in a way that feels punitive, as if it’s punishing those performing covers. It also shouldn’t be implemented in a way that leaves cover performers with nothing.

“Performing covers isn’t a crime. If it were, do you think it would be allowed in the US, where cover performances are widespread? In fact, there are tribute bands that are legally recognised and even appreciated by original artistes. For example, Irish rock band, U2 has cover bands that they sometimes engage for shows. Performing covers isn’t about stealing or devaluing someone’s work – it’s simply an artiste’s own interpretation of a song.

“Let’s not be afraid of competition, and let’s not resist evolution because if we do, we’ll be hit hard by revolution. We can’t fight change,” Mukundu said.

Comparing Zimbabwe’s copyright law to those of other countries, Mukundu noted that in many places, cover performers pay licence fees.

“In Australia, they pay quarterly, while in other countries, they pay annually. This is where I object to our local law, where performers are being required to pay for each performance. Even from an administrative perspective, this process would be too complicated and inefficient. Taking inspiration from Australia, Europe and the US, I would prefer a once-off payment per month.”

Zimura executive director Polisile Ncube-Chimhini

He also suggested that Zimura consider venue size when determining fees.
“For instance, someone performing at the HICC (a 4 500-seater venue) cannot be expected to pay the same amount as someone performing at restaurants like Gava’s and Chop Chop. The venues are different, so the fees should vary accordingly, just as they do in Western countries.

“Additionally, there are musicians or bands who perform mostly original music and include just one or two cover songs – like Mbeu, Alick Macheso or the late Oliver Mtukudzi, who occasionally played Steve Makoni’s Handiende. These artistes cannot be compared to those who perform covers from start to finish. There should be variations in how this is regulated.

“In the Western world, artistes submit setlists of the songs they will be performing so that the composers of cover songs receive their dues. From my perspective, this system should also be implemented here to help Zimura fairly compensate composers.”
Mukundu advised artistes not to be discouraged by Zimura’s decision, saying that the organisation is simply fulfilling its mandate to represent composers.

“Zimura is doing its job, and now it’s up to disgruntled artistes to seek proper representation – a strong union that can voice their concerns.”

Adding their voice, the Zimbabwe Musicians Union (Zimu) strongly opposed Zimura’s directive, calling it a “unilateral licensing fee directive”.

“The Zimbabwe Musicians Union (Zimu) denounces Zimura’s sudden imposition of a US$150 licensing fee on artistes

performing cover songs. This directive contravenes both global best practices and Zimbabwean law.
“Globally, licensing fees for public performances are the responsibility of venues and promoters, who secure licences to cover all performances within their spaces, with royalties distributed to creators. This is standard practice in jurisdictions like the United States, South Africa and the European Union and has also been implemented by Zimura for years. By abruptly shifting this burden to artistes, Zimura has disrupted a longstanding system, sowing confusion and anxiety across the industry,” read part of Zimu’s statement.

Zimu also criticised Zimura’s lack of clarity on the enforcement of this fee, arguing that it has already led to the immediate suspension of live performances in some venues, leaving thousands of artistes jobless.

“This lack of transparency has already led to risk-averse venues suspending live performances, stripping thousands of artistes of their livelihoods overnight. Families reliant on gig income now face an uncertain future.

“Of particular concern is the impact on women in music, many of whom depend on cover performances to sustain their careers. In response, Zimu’s United Women in Music desk is preparing to petition the Ministry of Women Affairs to address this crisis, which threatens decades of progress for female artistes,” read the statement.
Zimu also questioned how rural artistes, who already face marginalisation, are expected to absorb this additional financial burden.

“The policy’s architects have not explained how rural artistes — already struggling — can afford this cost. Instead of fostering creativity, Zimura’s fee threatens to silence a generation of musicians, many of whom rely on performances to support their families.”

Zimu went on to demand immediate withdrawal of the $150 artiste fee, restoration of compliance obligations to venues and promoters and urgent stakeholder dialogue involving Zimu, artistes, Government, and copyright holders to design equitable solutions.

The Music Management Forum of Zimbabwe (MMFZ) also expressed concern over Zimura’s licensing fee, labelling it “exorbitant and detrimental.”

“The Music Management Forum of Zimbabwe is alarmed by Zimura’s hefty tariff imposed on cover bands, which is effectively stifling the growth of live music in Zimbabwe.

“These musicians do not publish their own works and rely on performing existing songs to make a living. Internationally, cover bands are recognised as a legitimate profession and in Zimbabwe, they play a vital role in promoting music and providing entertainment,” MMFZ said in a statement.

MMFZ further argued that Zimura’s tariff of $150 per gig is excessive and unaffordable for cover bands, who are already among the lowest-paid musicians in the industry.

“This tariff effectively acts as a ban on cover bands, criminalising them indirectly. Furthermore, MMFZ is concerned that Zimura has failed to protect the intellectual property of its members in the past, as seen in cases involving artistes like Charles Charamba, Dino Mudondo and the late Leonard Dembo.

“Zimura’s failure to protect its members’ intellectual property, combined with its exorbitant tariff on cover bands, raises questions about its priorities and commitment to promoting Zimbabwe’s music industry,” MMFZ stated.
MMFZ called on Zimura to reconsider its stance and engage with stakeholders to find a fair and sustainable solution.

However, Zimura remained resolute in its stance. Its executive director Polisile Ncube-Chimhini stated that their primary objective is to protect the intellectual property rights of local, regional, and international rights holders, including composers, publishers and producers of music.

“In accordance with the Copyright and Neighbouring Rights Act Chapter 26:05, we are mandated to issue licences to anyone who performs or plays music publicly.

“Concerns have been raised regarding our licensing fee of $150 per event for bands performing copyrighted music. We understand these concerns and appreciate the opportunity to provide clarity. The licensing fee is a necessary measure to ensure that original creators receive fair compensation for their work,” she said.

Ncube-Chimhini noted many bands have been exploiting copyrighted music without obtaining proper licences or paying royalties to the original creators.

“This has resulted in original music composers being pushed out of business. Venue owners and promoters often prefer cover bands that perform music from various rights holders rather than hiring the original artistes who charge a standard fee per show.

“This unfair competition has left many music creators without jobs. Our licensing fee is based on thorough research, indicating that cover bands can earn between $300 to $700 or more per event, depending on their popularity. We firmly believe that a portion of this revenue should go to the original creators,” she said.

She said this policy aims to ensure rights holders receive fair compensation and promote a sustainable music industry that respects intellectual property rights.

“We urge bands and event organisers to obtain the necessary licences from Zimura and respect the rights of music creators. As a collective management organisation, Zimura is dedicated to advocating for the rights of music creators and ensuring fair compensation for their work. By working together, we can build a vibrant and sustainable music industry that benefits all stakeholders,” she added. — @mthabisi_mthire