THE integrity of arts business is considered to be compromised by piracy and unfair trading deals that emanate from negotiations, lack of identity ownership and product knowledge.
Prominent media personality and lawyer Rumbidzai “Legal Bae” Venge says raising awareness and teaching intellectual property law and rights is essential in building resilient art systems.
The World Intellectual Property Organisation (WIPO) defines intellectual property (IP) as creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce.
The explanation further notes that IP is protected at law by, for example, patents, copyrights and trademarks, which enable people to earn recognition or financially benefit from what they invent in or create.
“The misconceptions around IP in Zimbabwe are quite apparent as many music and art practitioners are largely unaware of the rights vested in the work they create,” Venge told NewsDay Life & Style.
“Many practitioners do not register rights and as a result, are unable to enforce or claim corrective action when their copyrights are infringed.”
Venge said registration of rights was the only way for creatives to achieve full enjoyment and protection of their works.
“The importance of each practitioner reading widely and acquainting themselves with IP laws and international IP law trends cannot be overstated. All players and participants at all levels must undertake this orientation,” she noted.
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“Writing things down and entering into agreements is crucial for professional and formal transactions. It also makes pursuing any legal action if required much easier. Once an act of infringement has occurred, injured parties must utilise the IP courts and remedies available at law.”
Venge said Zimbabwe had an array of laws which were at par with international conventions such as the Paris Convention, Berne Convention, The World Intellectual Property Organisation and Zimbabwe Intellectual Property Office.
“Protection of IP requires diligence by the creator. A clarion call to all artists is to embrace IP rights and unlock the numerous opportunities therein. Lack of registration and informality in dealings renders many issues incapable of enforcement due to absence of documentation,” she said.
“Failure to recognise benefits and value of IP rights, sometimes results in several unfair contracts being entered into, to the detriment of the artists, inventor or creator.”
