Dino Mudondo Sounds the Alarm on Cover Bands, Copyright and the Fight for Zimbabwe’s Original Artists
The original artist arrives at an event expecting to perform the songs that made his or her name — only to discover that a cover band has already performed them. That is precisely the frustration raised by musician Dino Mudondo, who says he arrived at an event and found that a band had already performed many of his songs.
His complaint is worth listening to. Not because cover bands are villains. They are not. But because the mathematics are obvious. Suddenly, the original artists are no longer competing only with other original artists. They are competing with a business model built around their own catalogues.
THIS IS NOT ABOUT HATING COVER BANDS
Let us get one thing straight. Cover bands have a legitimate place in the entertainment industry. They employ musicians. They entertain audiences. They keep classic songs alive. They can be exceptionally talented.
Nobody should be suggesting that musicians must stop performing songs written by other people simply because the original artists exist. But there is a difference between saying cover bands have a right to perform music and saying the original creators should have no concern whatsoever when entire live-entertainment markets begin substituting cover bands for them.
Those are two different arguments. And Zimbabwe desperately needs to have the second conversation.
WHAT DOES THE LAW SAY?
The starting point is Zimbabwe's Copyright and Neighbouring Rights Act [Chapter 26:05]. The law recognises copyright in musical works and gives copyright owners exclusive rights in relation to various uses of their works. It also provides a framework for licensing and collective management of copyright.
But here is where we need to be precise: The singer is not necessarily the copyright owner. If Artist A performs a song written by Artist B, Artist A's fame does not automatically make Artist A the copyright owner. Likewise, when a cover band performs Artist B's composition, the cover band does not suddenly acquire ownership of that composition.
Zimbabwe's copyright landscape has also become more complicated with the existence of two collective management organisations (CMOs): the Zimbabwe Music Rights Association (ZIMURA) and the Zimbabwe Council of Copyright Owners (ZICCO).
This makes the cover-band debate even more important. If a cover band is commercially performing songs written by Zimbabwean creators, the system must be able to identify those songs, identify their rights holders, and ensure that the appropriate royalties flow to those rights holders. The existence of collecting societies should make that process easier, not more mysterious. The law provides the architecture. The industry now needs the machinery to work.
BUT HERE IS THE BIGGER PROBLEM
Suppose a wedding organiser wants an evening of Zimbabwean hits. Instead of hiring six original artists, the organiser hires one cover band. The band performs songs associated with all six. The audience goes home happy. The promoter saves money. The cover band gets paid.
But the six original artists have lost a potential live performance opportunity. Was copyright necessarily infringed? Not necessarily. Was the market affected? Absolutely. And this is why the argument must go beyond the simplistic cry of "copyright infringement!" There is another issue here: economic displacement.
For many Zimbabwean musicians, live performance is not a luxury. It is an important source of income. An artist's catalogue is therefore an economic asset. Those songs create recognition. Recognition creates demand. Demand creates bookings. Bookings create income. But where does that leave the original artist? At home? Watching a video of strangers singing the song that paid his rent? For working musicians, this is not an academic question. It is about survival.
The Industry Needs To Ask A Hard Question
Perhaps Zimbabwe has been asking the wrong question. We keep asking: "Is the cover band allowed to sing the song?" We should also be asking: "What happens to the original artist when the market no longer needs to hire them because somebody else can reproduce their catalogue?"
Those are not the same question. Copyright law can protect intellectual property. Collecting societies can administer rights and royalties. But neither automatically guarantees that the original artist will receive the booking. And that is why this conversation should not become a witch-hunt against cover bands. It should become a serious discussion about how Zimbabwe builds a music industry in which creators, performers, cover bands, promoters, and audiences can coexist without the creator being pushed to the bottom of the food chain.
If we are not careful, Zimbabwe could arrive at a bizarre destination: Original artists will write the hits. Cover bands will perform the hits. Promoters will hire the cover bands. Audiences will hear the hits. And the people who created the hits will increasingly struggle to get hired. That is not a sustainable music industry.
@ Mhepo News | Entertainment & Copyright Law Desk
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