Zimbabwean music has become the most sought-after victim of the thriving business of unauthorized and illegal reproduction and distribution of electronic and audio-visual material. The business of illegally reproducing music and other artistic productions has reached unprecedented levels as enterprising copycats have formed strategic syndicates to haul across the Limpopo River, with the aid of the latest technology and accomplices in various production and media houses.
CAJ News spoke to a number of hustlers, as the disc dealers are commonly referred to here, who revealed that the critical shortage of jobs has resulted in many seeking self-employment. CD writing and distribution is one such avenue.
Most of the pirate distributors and vendors displayed ignorance of the copyright act and did not bother about the effects of their business on the producing artists back home.
We are battling to eke out a living. This is a dog-eat-dog economic crunch. We could embark on more sinister crime if this business stops. It is not our fault that we find ourselves in this predicament. We are refugees, thanks to Robert Mugabe and his SADC backers, said Jasper Muchenje, a Zimbabwean former teacher operating a stall along Pretorius Street.
An artists work can be illegally imported into South Africa and sold on the street, in broad daylight for a trivial R10. No matter how many songs are on the disc, some mp3 discs exceed 200 songs, each one sells for R10.
The price remains so low because of the stiff competition in our industry. There are far too many players (pirates) already, plus a host of new ones entering the fray every day, said Tinashe Murape who operates at a corner in Church Street.
So thriving is the industry that the illegal dealers are now branding and printing the various names of the artists featured on the discs in an effort to make an instant appeal to the customers on Pretorias busy streets.
CAJ News was stunned to discover the most unlikely of Zimbabwean artistic combinations Shingisai Suluma, Sugar Sugar, Rocqui, System Tazvida, Sandra Ndebele and the best selling king of sungura, Alick Macheso printed on the back of one mp3 disc.
A visit to high density suburbs like Mamalodi revealed that the high number of Zimbabweans staying in the area has pushed the demand of Zimbabwean music to unprecedented levels. South Africans and Nigerians have also joined the brisk business.
The famous Mthunzini spot in Mamelodi was dishing out pirated Zimbabwean music to the patrons drowning their sorrows on a recent Friday evening.
One Nigerian guy, who operates a stall at the Lebamba shopping complex, had an assortment of Zimbabwean music – ranging from golden oldies like Marshal Munhumumwe, which he couldnt quite pronounce, to the sizzling latest releases like Oliver Mtukuzis Dairai and Tongai Moyos Muridzi Wenyaya album.
Zimbabwes Copyright Act (Chapter 26:1) vests exclusive rights of a production on the artist and the production company, making it an offence to sell, let for hire or distribute an article without the license of the owner of the copyright.
South Africas Copyright Act (Consolidation) Chapter 2.23 which deals with infringements on copyrights states that, ownership of copyright on any work shall vest in the author or, in the case of a work of joint authorship, in the co-authors of the work.
[Amended by Act No. 125 of 1992.] The South Africa law further elaborates that whoever –
(a) imports an article into the Republic for a purpose other than for his private and domestic use;
(b) sells, lets, or by way of trade offers or exposes for sale or hire in the Republic any article;
(c) distributes in the Republic any article for the purposes of trade, or for any other purpose, to such an extent that the owner of the copyright in question is prejudicially affected is liable, in the case of a first conviction, to a fine not exceeding R 5,000 or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment, for each article to which the offence relates.
With such a set of complementary pieces of legislation on both sides of the Limpopo, one wonders why the law enforcement agents walk past pirate cd stalls every day. An illegal Pretoria based music distributor mentioned that he had a long list of loyal customers in the police force.
Post published in: Music