When landlord and tenant clash ,Zimura fees spark conflict between composers, cover bands

Bruce Ndlovu, Sunday Life Reporter
THE recent announcement by the Zimbabwe Music Rights Association (Zimura) that cover bands in the country have to fork out US$150 if they want to perform music from other artistes has sparked conflict in the local industry, with some makers of original songs declaring that those mimicking their work need to pay for the right to do so.

Cover bands have become the lifeblood of many musicians, particularly in Bulawayo where live music has found a new lease of life even in high-end nightspots.

While there have been decent pickings for artistes over the last few years, the announcement by Zimura that the new regulations, backed by the Copyright and Neighbouring Rights Act (Chapter 26:05) have set off debate in local music circles, as some believe that the step, which had been met with outrage by some performing artistes, is justifiable.

In an interview with Sunday Life, local star Jeys Marabini said he believed that the new approach would help the growth of the music sector in Zimbabwe as cover bands had become a graveyard for creativity.

“I believe that for the music industry to grow into an entity that’s recognised in Africa and beyond, we need people to be serious about being musicians. Being a musician is not an easy thing and that’s why we are seeing a lot of musicians doing these covers. Most are lazy to create their music and I believe that this law is correct and will help the industry,” he said.

Marabini said in addition to the fact that composers of music would not have benefitted anything from the performance of their songs, a reliance on covers had also stagnated the careers of some of the country’s most promising young musicians.

“Some are benefiting from the work of others while putting minimal effort into music production, while some of our late artistes, whose music is played everywhere are not benefiting a dime. What cover bands have done is to force out those who make original music from these venues because the owners say they are cheaper than those who make original music. I don’t know how we can call people musicians if they don’t create their music. At the end of the day, it has impeded the growth of our young musicians because they become stagnant when they get used to doing covers.

If you look at the bands individually, you’ll find some of the best guitarists, bassists and drummers. Yet they never seem to move beyond that level,” he said.

Lungile “Luiji” Ndlovu of the popular Band Fusion said some musicians were misguided in thinking that cover bands were the ones depriving them of revenue.

“It is a shame because there seems to be a belief by some musicians, particularly in Bulawayo, that cover bands are the ones depriving them of the opportunity to make money from their music. I don’t see how it is possible. If anything, cover bands are only spreading the popularity of certain songs. I for one would feel elated if someone played my songs because it proves I have a hit on my hands,” he said.

Luiji said instead of enabling creativity, the new regulation would only stifle it, as cover bands were usually a nursery for budding talent.

“This will not take away the culture of covers. We found this culture here, and most of the legends that have come and gone also started with covers. That’s how most of us discovered ourselves. Bands like us, that also make original music, still play covers and that goes for a lot of groups. We do this to win over the crowd and introduce our music to them. So, we do not have a problem with paying a fee. What we have a problem with is the figure,” he said.
Luiji also said there needed to be a recognition that cover bands in different parts of the country were paid at different rates.

“The industry in Bulawayo and Harare is two different things. Yes, we do get paid in Bulawayo but not at the same level as the guys in Harare and that’s just due to the numbers. The population sizes and the numbers that come to the gigs are just different,” he said.

Jazz maestro Hudson Simbarashe said enforcing the regulations could become a headache, as some cover bands did not charge for their services.

“This is a complex issue, let’s look at it with sincerity. We can’t wish away these cover bands but it’s also good to pay the composers their dues. Some church musicians do covers but don’t get paid. So it’s very complex,” he said.
Zimura Deputy Director Henry Makombe described the makers of original music as landlords who were now only demanding their due from musicians who had been living rent-free off their music.

“A band that was getting US$200 now needs to be paid US$300 and above. They also need to ensure that they have the money to pay for the license fees. With this whole process, we are trying to correct an equation that had become improper. This is an equation whereby the venue’s owner was the one developing a fee for the music performance at their place. Instead, we are saying the person doing that should be the owner of the copyright that does that. If you contact Jah Prayzah today, you don’t tell him what you’re going to pay him. He is the one who tells you what his value is.

Jah Prayzah

“We need to understand that the original makers of music are the owners of their property. They are like the owners of a house, and the owner of the house is the one that decides the amount to be paid in rentals by anyone who will use that house, not the other way round. So, we are trying to correct something that has been happening for a long time,” he said.

While cover bands had complained of the costs incurred in preparation for gigs, Makombe said all these costs had already been incurred by makers of original music.

“Zimura represents the interests of original music composers. So, when people tell us about the expenses incurred by cover bands when they rehearse and prepare for gigs, we want to say those very same expenses were encountered by people who made the music that they want to cover. They didn’t end there. They also worked hard to build their brands and market their music. All these cover bands are not playing unpopular music. They are playing very popular music, and there must be a cost attached to that. We all know how hard Jah Prayzah worked to get where he is now. So, if you perform his songs, you’re riding on the expenses he incurred making the music, on the effort he put in, his creativity and all the other investment he put in,” he said.

Meanwhile, Makombe revealed fees charged would not be uniform, as various establishments would be charged differently.

“In our tariffs, we have a minimum charge. If you have a hotel, there’s a charge specifically for that. If you have a restaurant, there’s a charge, and if you have a hotel, depending on the seating capacity of your bar or restaurant, there are minimum charges. We realised that some bands were being paid US$200 and we believe that those are bands that aren’t so good. The better ones, the good ones, being paid over US$1 000, and we believe the original creators of the work deserve to be compensated for the work they have done, the effort they put in and everything else in between,” he said.