Zimpapers Entertainment Hub WHAT started as an explosive family feud between Thomas Mapfumo and Kurai Makore has exploded into a CIVIL WAR with warring factions emerging in the local music…
Zimpapers Entertainment Hub
WHAT started as an explosive family feud between Thomas Mapfumo and Kurai Makore has exploded into a CIVIL WAR with warring factions emerging in the local music industry.
Mukanya has been joined by sungura giant Alick Macheso and gospel star Fungisai Zvakavapano-Mashavave in a group of allies unhappy with other artists performing their songs.
Yesterday, Selmor Mtukudzi appeared to join the bandwagon when she reacted to Fungisai’s video with a love emoji on social media.
Then, on the other side, we now have top music producer Mono Mukundu who has even gone on to label Mukanya and his crew as a group which is being fuelled by “INSECURITY” and “JEALOUSY.”
Mono’s stunning intervention.
This will surely add some spice to this spectacular fallout.
“Why can’t we let the next generation rise?” Mono said in a post on his Facebook page.
“In other nations, older musicians groom the younger generation, share their knowledge, open doors and understand that their rise does not diminish their light.
“In Zimbabwe, we do the opposite. We insult the young, discourage their ambition, diminish their accomplishments and look for any reason to stifle their development.
“We hide our JEALOUSY and INSECURITY by making clever but false misleading statements about what the law prohibits with the intent to make it appear that the young people are breaking the law.
“A tree that refuses to provide shed to the smaller trees should not be surprised when the forest disappears.”
Yesterday, Fungisai sparked a fresh storm by questioning where artistic influence ends and commercial exploitation begins.
The musician took to social media claiming that her music, image, mannerisms and artistic identity were being copied without her consent.
“Imagine people impersonating you, replicating your music as is and gathering commercial value from your works without your consent?” she said.
“Not even a ‘cover’ but note for note, word for word, every move and artistic mannerism.”
She added: “Ko kutozopfeka, kutamba nekuita everything kunge inini?
“Why replace me at a nominal fee and create unfair market competition for me using my personality, my music, my mannerisms and my creativity and not even bother asking for my permission?”
Zimbabwe’s Copyright and Neighbouring Rights Act [Chapter 26:05] gives copyright owners exclusive rights over certain use of their work.
Where infringement is established, remedies can include damages and other forms of relief.
If Fungisai can establish that protected compositions, lyrics, recordings or other qualifying works have been reproduced without permission, the issue could potentially become a copyright matter.
But copyright does not automatically give an artist ownership of an entire style.
A hairstyle is not automatically protected.
Neither is an outfit, dance move or general stage personality.
** THE PASSING-OFF QUESTION**
There is also the common-law principle of passing off.
Broadly, passing off protects established goodwill and reputation where another party allegedly makes a misleading representation that causes or is likely to cause damage.
So the question would not simply be whether another performer resembles Fungisai.
It would be whether the alleged conduct could make audiences believe that the performer is officially connected to, endorsed by or associated with her.
That requires evidence of goodwill, misrepresentation and damage.
If Fungisai believes her protected works have been commercially exploited without her permission, the law provides avenues for seeking redress.
The Copyright and Neighbouring Rights Act allows copyright owners to pursue infringement claims and seek remedies that can include damages, an interdict and an account of profits.
A performer should be able to pay tribute, reinterpret music and draw inspiration from established artists. The danger comes when tribute becomes substitution.
Or when imitation becomes a commercial replacement. Or when audiences are allegedly misled into believing the original artist is involved.
That is where the law may have to step in.
For now, Fungisai has taken the battle to the court of public opinion.
The next move could be much more consequential.
Will there be dialogue?
A licensing arrangement?
A demand to stop the conduct?
For the creative industry, this controversy raises a question that will not disappear.
How much can one artist borrow from another before inspiration becomes exploitation?
Artists need room to create, reinterpret and compete.
But creators also need meaningful protection when their legitimate intellectual property is used for commercial gain without permission.
Fungisai has put the issue on the table.
She has decided to sing in Macheso and Mukanya’s corner.
And, Selmor is also singing in that corner.
Mono is singing in the other corner.
