Cover Band Tariff Dispute Reignites as NACZ Suspends Zimura’s US$150 Fee

Just when it seemed that the heated debate surrounding the US$150 cover band tariff imposed by the Zimbabwe Music Rights Association (Zimura) had settled following a recent dialogue, new developments have reignited tensions.

The National Arts Council of Zimbabwe (NACZ) has stepped in, calling for the suspension of the contentious fee, but Zimura remains resolute in its stance. The dispute stems from Zimura’s decision to implement a US$150 licensing fee per show for cover bands, a significant increase from the previous annual fee of US$50.

Despite a meeting two weeks ago involving key stakeholders—including NACZ, Zimura, academics, associations, unions, composers, cover band leaders, and intellectual property beneficiaries—Zimura has proceeded with enforcing the tariff. The discussions in that meeting focused on establishing a fair and sustainable tariff structure for cover bands in Zimbabwe.

According to NACZ, lobbying from various music institutions led to a seemingly productive dialogue with Zimura and other stakeholders. NACZ expressed optimism after the meeting, stating that Zimura had shown a willingness to reconsider the fee structure, provided that lobbying efforts included direct engagement with composers whose works are performed by cover bands.

On March 27, NACZ held another meeting with copyright holders, who strongly voiced their concerns, pushing for a resolution that ensures copyright protection, fair compensation, and stringent measures against infringement. During this consultation, copyright holders indicated that the US$150 tariff should be the baseline, with Zimura charging more for larger concerts.

However, in an unexpected turn, Zimura issued a public notice on Friday, reaffirming its stance and enforcing immediate compliance. “Effective immediately, all performers and organisers must obtain the necessary licences before staging any event featuring protected musical works,” Zimura stated on social media.

In response, NACZ executive director Napoleon Nyanhi criticized the tariff on Monday, March 31, calling it “punitive.” He highlighted concerns about its implementation, the change in licence periods, and its inconsistency with international best practices. Consequently, NACZ suspended all directives regarding the US$150 tariff pending further discussions.

“All directives for payment of the $150 tariff are suspended immediately, pending the conclusion of the registration, dialogue, and negotiation processes,” Nyanhi stated. Additionally, NACZ directed Zimura to regularize its registration with NACZ in accordance with the National Arts Council of Zimbabwe Act and Statutory Instrument 87 of 2006.

The move was welcomed by the Zimbabwe Musicians Union (Zimu) founding president, Edith WeUtonga Katiji, who accused Zimura of mismanagement. “We are grateful for this stance by NACZ. It reinforces our concerns about Zimura’s mismanagement. In the coming weeks, the real issues surrounding Zimura must be exposed in the best interests of the Zimbabwean music sector. They have acted in bad faith, and this must stop,” she said.

However, Zimura’s executive director, Polisile Ncube-Chimhini, dismissed NACZ’s position, asserting that Zimura is not legally obligated to register with NACZ. “The NACZ’s press statement has no bearing on us. We are not an arts organisation; we are a royalty-collecting body registered under the Companies and Intellectual Property Office of Zimbabwe (CIPZ), a department within the Ministry of Justice, Legal and Parliamentary Affairs. We do not report to the Ministry of Sport, Recreation, Arts, and Culture.”

Ncube-Chimhini also denied claims that Zimura had been engaged in discussions regarding copyright holders, stating, “We were not engaged in any discussions – NACZ simply posted their statement on social media. This holds no legal weight for us. We see this as more of a rant than a directive.”

Zimura’s Board echoed this sentiment, arguing that NACZ had misrepresented the legal framework governing the organization. “Zimura has operated for 43 years without NACZ registration because it has never been a statutory requirement. We are not obligated to register under two separate Acts of Parliament,” the board stated.

As the standoff between NACZ and Zimura continues, the future of cover bands and their performances in Zimbabwe remains uncertain, with musicians and event organisers caught in the middle of the ongoing dispute.