A musician was jailed for two months on Tuesday with the option to pay a fine after he was convicted of stealing a song.
Harare provincial magistrate Learnmore Mapiye also ordered radio stations to stop playing the song, ‘Handina Mweya Unotongwa Nemadzinza’ by gospel artiste and pastor Tinotenda Katsande.
The song, the court heard, was ripped from Mutare-based gospel singer, Tsitsi Kavhukatema.
Katsande was found guilty of violating the Copyrights Act. The magistrate sentenced him to two months with the option to pay a ZW$400.
In passing sentence, Mapiye said Katsande had no right to release the song without Kavhukatema’s permission especially after the two had discussed remixing the song together.
Katsande had argued that he grew up hearing the song at a church he attended with Kavhukatema. Kavhukatema debuted the song on her album ‘Jesu Arikuuya’ which she released in 2012.
“The complainant has exclusive rights to the song as she registered it with Zimbabwe Music Rights Association (Zimura) in 2012,” Mapiye said.
Mapiye also ordered Zimura to write urgent letters to all radio stations directing them to stop playing the song.
Kavhukatema, who is based in Botswana, was represented by Zimura.
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