WHEN pastors and evangelists preach or sing the word of God, rarely are they accused of infringing copyrighted material as the word of God or the Gospel in most cases has its tradition, that it has to be transmitted through sharing for the purposes of helping the kingdom of God to grow.
Arguments are that gospel music is usually public material and also that church music and hymns are copyrighted materials and are protected under the copyright law, which is why terms like Church Music Copyright, Church Copyright Licence, Church Music Policy and Public Domain Hymns have become common vocabulary.
Now, evangelist Fortunate Humbe has filed a complaint against fellow gospel music singer and preacher Precious Chidza for recording and posting her song Ndiri Mudziyo Wenyu on social media without seeking recording and publishing permission.
Humbe has sufficient evidence to be treated as the owner as her music was officially copyright protected by the Zimbabwe Music Rights Association (Zimura).
Chidza allegedly manipulated the popular hook Ndiri Mudziyo Wenyu and recorded it on her song.
She then posted a video on social media.
Meanwhile, Chidza used to record her music at the late David Hatie Chipoyi’s Blue Jeans Studios, where Humbe recorded her track.
Realising that Chidza was reaping from her works, Humbe sought assistance.
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“I produced the song Ndiri Mudziyo Wenyu in June 2022 at the late Minister David Hatie Chipoyi’s Blue Jeans Studios, here in South Africa. Chipoyi handed the finished product to me on July 17, 2022 during the same year,” Humbe told NewsDay Life & Style.
“Unfortunately, our dear producer Minister David Hatie Chipoyi passed away on September 22, 2024. I had no music left in Chipoyi’s custody as at the time of his death. We used the same studios with Pastor Precious Chidza. We were in the same social media group and used to share our music.”
Added Humbe: “I registered my music with Zimura in 2023. Evangelist Chidza copied my song and posted it on Facebook. After a heated argument over the phone, Chidza defended herself saying she only took a section of the song and blended it with her music.
“She also argued that the fact that she produced her music in the same studio never implied that she took the idea from the studio.
“Our argument ended up being emotional and, therefore, I appeal to Zimura for help. I need to get full commercial value of my work.”
Copyrights are usually enforced on monetised business ventures.
This is not an isolated case.
In the past, local artistes such as Niceboi and Pastor Charamba have also sought protection for their works and managed to get sound legal assistance to reach mutual settlements after engaging Zimura.
Musicians like Dudu Manhenga, Emmanuel Thomas and Alick Macheso, among many others, have all spoken out about copyright violation.
Some have even composed songs dissing the copycats.
In law, ignorantia juris non excusat (Latin for ignorance of the law excuses not), or ignorantia legis neminem excusat (ignorance of law excuses no one) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.
Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film or record literary, artistic or musical material.
