Moffat Mungazi
Lloyd Makonya
Correspondent
THE plight of artists before and after fame, as highlighted in the article: “Beyond the spotlight: Reflecting on the plight of creatives before and after fame” carried in last week’s edition of The Manica Post, provides a realistic sombre insight and timely opportunity to analyse the challenges faced by creatives in Mutare and beyond.
While the mutual support and the initiative among artists is laudable, it is equally important to educate them on their rights under the copyright law, the provisions of international conventions, and the role of key institutions in safeguarding their interests.
In this article, I will focus on the role of copyright in ensuring creatives get fair value for their creations.
Copyright is a legal framework designed to protect the intellectual property of creators, granting them exclusive rights to their works.
Simply put, copyright is a legal right that gives creators ownership and control over their original works.
These rights cover a wide range of creative outputs, including music, visual art, literature, and performances. By securing these rights, artists can control how their works are used, distributed, and monetised, ensuring they benefit from their creative efforts.
In Zimbabwe, the Copyright and Neighbouring Rights Act (Chapter 26:05) provides the legal foundation for the protection of artistic works.
This Act grants creators exclusive rights to reproduce, distribute, perform, and adapt their works.
It also offers remedies against infringement, empowering artists to seek compensation and prevent unauthorised use of their creations. Many creatives are unaware of the protections offered by copyright, leaving them vulnerable to losing control over their work or being denied fair compensation.
Many a times artists often fail to formalise their rights, leaving their intellectual property unprotected.
This oversight can lead to unauthorised use, loss of revenue, and difficulty in asserting ownership when disputes arise.
Moreover, in Zimbabwe, the fragmented understanding of copyright law among artists exacerbates these challenges.
Collective management organisations (CMOs) such as Zimbabwe Music Rights Association (ZIMURA) play a critical role in safeguarding the rights of creatives in the music industry.
ZIMURA is tasked with licensing, collecting, and distributing royalties on behalf of artists.
By ensuring fair compensation for the use of their works. ZIMURA helps bridge the gap between creators and users of copyrighted material, and over the years we have witnessed some disputes between artists and CMOs which can be worrying.
To maximise the impact of collective management organisations and institutions within the creative industry, it is essential to address their roles in engaging and building the capacity of artists.
Organisations like ZIMURA and National Arts Council of Zimbabwe (NACZ) are pivotal in ensuring that artists understand and benefit from their rights, while enhancing their contributions to the creative economy.
To fulfil their mandate effectively, CMOs must prioritise raising awareness through workshops and seminars to educate artists about their rights under Zimbabwe’s Copyright and Neighbouring Rights Act.
Awareness campaigns should cover the importance of copyright protection, the processes for registering works, and the avenues for seeking recourse in cases of infringement.
Transparency is another critical area, as artists often express concerns over the lack of clarity in royalty collection and distribution. ZIMURA must ensure that these processes are accessible, providing detailed statements to artists and making financial operations open to scrutiny.
Legal support is also essential, as many artists lack the resources to address copyright disputes effectively.
ZIMURA can offer legal advisory services to assist creatives in asserting their rights and resolving conflicts related to copyright infringement. Additionally, advocacy for stronger copyright policies is vital.
ZIMURA should lobby the government to address gaps in enforcement mechanisms and ensure that artists’ rights are protected in both physical and digital spaces.
National Arts Council of Zimbabwe as an arm of Government also plays a complementary role by fostering an enabling environment for the arts to thrive. Its mandate goes beyond policy advocacy to include practical support for artists. NACZ can contribute by facilitating access to funding, as many creative projects falter due to a lack of financial resources.
Providing grants or subsidies and facilitating access to other funding opportunities for artists can make a significant difference. Creating platforms for exposure, such as organising exhibitions, festivals, and competitions, helps artists showcase their talents, connect with audiences, and gain recognition. Policy advocacy is another key area, as NACZ should work with stakeholders to strengthen intellectual property laws and ensure they align with international standards.
This includes advocating for stricter penalties for copyright infringement and better mechanisms for enforcement.
Capacity building through training programmes in areas such as business management, legal literacy, and marketing equips artists with the skills they need to navigate the creative industry successfully.
Artists in Zimbabwe also benefit from protections enshrined in international conventions, which provide a broader framework for safeguarding their rights. The Berne Convention for the Protection of Literary and Artistic Works ensures that creative works are protected in all member countries without requiring formal registration.
It also establishes a minimum standard for copyright protections, guaranteeing that artists retain exclusive rights over their works.
The WIPO Copyright Treaty extends protections to digital creations and internet-based content, ensuring that artists’ rights are respected in online spaces.
The Rome Convention focuses on performers and producers of phonograms, offering protection against unauthorised broadcasting and reproduction of their works.
The creative industry’s growth depends on a well-informed and empowered community of artists.
By raising awareness, building capacity, and ensuring effective management of copyright and related rights, organizations like ZIMURA and NACZ can transform the challenges faced by creatives into opportunities. Coupled with international protections and the proactive engagement of artists, these efforts will foster a resilient and thriving creative sector in Zimbabwe.
Lloyd Makonya, is a heritage practitioner with the National Museums and Monuments of Zimbabwe and a student of the World Intellectual Property Organisation’s Master in Intellectual Property programme at Africa University. In this article he expresses his own individual opinions. He can be contacted on +263773791417, tmakonya@gmail.com
