Who holds rights to stage names? Jeys Marabini

Mkhululi Ncube, Showbiz Reporter
A simple definition of a stage name is a pseudonym used by performers and entertainers such as actors, comedians, singers and musicians.

In the music circles, some artistes are never known by their real names due to the popularity of their stage names.

Ndux Junior (Witness Malaba), Jeys Marabini (Majahawodwa Ndlovu), Jah Prayzah (Mukudzei Mukombe), Winky D (Wallace Chirumiko), Buffalo Souljah (Thabani Ndlovu) Maskiri (Alishias Musimbe), Tocky Vibes (Obey Makamure), Gonyeti (Pamela Zulu), ExQ (Enock Munhenga), Magwaza (Clement Ncube), Slomo (Franco Dhaka), The Big Boss (Martin Sibanda), Godolude (Mandlenkosi Mpofu), Gobiqolo (Rabson Siziba) and Samathwala (Phikile Bhebhe), are some of the artistes mostly known by their stage names.

Winky D

How music band members’ stage names came about could be an interesting discussion but what matters most is who holds the right to the name? Is it the band leader or the player who brings to life the name?

In some cases, stage names have become a source of conflict when band members move from one band to another. Should band members surrender their stage names when they leave a certain band where they earned the name or move with that name to another band?

Some band owners believe the name must remain with the band for it to be inherited by another member. Their argument is that by moving with the name to another band, the band member will move with his fans to the competitor.

Mlambos Express rhumba band leader, Fiselani Ngwenya, popularly known as SaMangwe is of the view that members must surrender the stage names when they leave for other bands.

“My view is that a stage name brands a person and associates that name with the band where he earned that name. So, when a member decides to leave the band for whatever reason, the name should remain behind. The member’s replacement will take over his name,” he said.

SaMangwe said the band would have made a member popular through that name and when one leaves, he should not benefit from the name.

He said they sometimes record songs where they chant band members using their stage names hence fans will always want to hear that on other songs.

“This should not be interpreted to mean we’re against members leaving bands. The name should be surrendered just like they do with the regalia of the band,” SaMangwe said.

The band leader added that a band is like a company which is registered at law hence all properties of the company including stage names must stay with it.

“Look at the late Menzi Ngubane from South Africa, he was Mazwi when acting in Bambo Lwami, Sibusiso in Generations and Ngwenya at Isibaya. He didn’t move with the names from one soapie to another because these were different companies.

“It doesn’t matter that some people continued calling him Sibusiso, what remains is that he didn’t move with any of the names when he joined other production companies.”

Another musician, Clement Magwaza also believes the name must always belong to the band. The musician said it is unfair for band members to leave with their stage names as they will continue to benefit from the stage name.

Clement Magwaza

“When one leaves the stage name should remain so that the next member who inherits the name is challenged to work extra hard and do better than the member who would have left. If we continue giving out new names to members, we’ll end up running out of names,” he said.

Magwaza said building a name in the music industry is very hard hence the need for bands to continue benefiting from their stage names.
Respected rhumba musician, MadalaBoy (Ace Ndebele) differs with SaMangwe and Magwaza’s school of thought as he believes that a stage name must remain with the person who got it.

“The stage name is more of a nickname given to that particular person because of his/her performance. I’m the one who gave Clement Ncube the Magwaza stage name while he was with my band, the Shining Fellows and the name is now a brand. I have no problem with that,” he said.

Popular rhumba dancer, Godolude concurred with Madalaboy saying surrendering a stage name is not feasible as fans will always associate a particular name with the person who made it popular.

“I’m associated with Magwaza because that’s where I made my name. If Magwaza tries to give that name to another person, it will not click with the fans as they’ll always associate it with me and not the new Godolude,” he said.

Godolude said the other challenge posed by giving a stage name to someone else is that the new character may not be able to do the antics of the “original” name-holder as people are different.

Son of rhumba legend, Ndux Malax said he has no problem when a member of his team continue to use their stage name even after leaving him.

“As a band we should be able to come up with new names when new members join us as opposed to using other people’s stage names, “ said the Kukhona Ongizwayo hit-maker.

Another band owner, Mxolisi “Mr Bones” Ndlovu said he has no qualms with members continuing to use their stage names after leaving the band.

Mr Bones said if band owners work extra hard, fans can never be distracted by someone who would have left.

He said he has given many members stage names which they are still using after leaving him.

Musician, Modius Chauke said allowing the name to move with a member is always beneficial to the one moving with the name.

“I had a band member that I gave the name Tallman. He left my band and now he has his own band and he’s using that name. When I replaced him, I maintained that name, though I called the replacement, Tallman number 2.

“I’ve seen other bands like Abafundisi band using the same method as well,” said the Ivila alixotsheki emendweni singer.

Jeys Marabini said it is a thin line between protecting a stage name and manipulating band members. He said nowadays band members are being groomed to launch their own music careers so band leaders should always be proud when their members leave the band. He said musicians must not try to force members who work for them to stay forever.

“We’re there to help them cross the bridge. If there’re greener pastures, we should let them go. I’ve had several guys pass through my hands and build their names. That exposure and experience are what will help them to launch their own careers and also groom others. This is what we want as it’ll develop our music industry,” he said.

An Intellectual Property Scholar, Aleck Ncube said there is nothing at law that prevents members who break away from bands to continue using their stage names.

Ncube said band names and stage names can be protected by law, even though many artistes do not take this route.

“As long as a person is not committing fraud, a stage name or even a nickname is legal to use. The nicknames of band members are unique to the individuals and there is nothing a band owner can do to stop them from using them if they leave the band. Just like the nicknames of football players, the individuals move on with them. Bosso cannot say Madinda cannot be Khathazile if he joins Dembare,” he said.

Ncube said names play a key role as they allow people to identify individuals. He urged band owners to register their band names as a trademark to protect them from unfair use.

“For musicians, stage names or band names often end up as one of their most valuable assets and the last thing an artiste wants is to be forced to change his/her name. Stage names and band names are protectable under Trademark law” he said. — themkhust.

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