The High Court has delivered a pivotal ruling in Zimbabwe’s copyright landscape, settling a dispute that pitted the Zimbabwe Music Rights Association (ZIMURA) against fast-food operator Simbisa Brands and rival collecting society, the Zimbabwe Council of Copyright Owners (ZCCO).
ZIMURA had sued Simbisa for US$86,719, alleging that its restaurants used copyrighted music belonging to its 4,500-strong stable of artists without a licence. It also sought a declaration that ZCCO had no authority to license works belonging to its members or affiliates under the CISAC network.
Justice Mafusire found that Simbisa did play copyrighted music belonging to ZIMURA’s members without authorisation, despite holding a licence from ZCCO. The judge stressed that copyright ownership — not registration as a collecting society — determined who had the right to license works.
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However, ZIMURA’s damages claim collapsed after the court ruled that its computation method was flawed. Instead of proving actual loss based on infringement, ZIMURA had charged Simbisa on the assumption of an annual licence fee. As a result, Simbisa was absolved of financial liability.
The ruling barred ZCCO from issuing licences over ZIMURA’s repertoire, effectively narrowing its mandate. On costs, the court ordered ZCCO to pay ZIMURA’s ordinary legal fees, while Simbisa and ZIMURA were directed to each bear their own.
The case sets an important precedent in Zimbabwe’s creative industries, clarifying the scope of collecting societies’ authority and reinforcing the legal protections of copyright assignments.
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