Gospel Star Fungisai Condemns Identity Theft & Unfair Competition in Zim Music
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Artist Fungisai Zvakavapano Mashavave has broken her silence over what she calls "blatant identity theft" and unfair co mpetition, surginglawmakers to protect musicians the same way other professionals are protected.
In a post on social media, she revealed that individuals are impersonating her work note-for-note, word-for-word copying her music, stage mannerisms, dress and performance style + securing commercial bookings without her consent.
“This is not a cover. This is a direct copy,” she stated. “Then respected institutions hire them for cheap labor and profit from my name, my music and my creativity. Not even a call was made to ask for permission.”
Due to fear of victimization, she said she had remained silent to preserve peace and uphold Ubuntu. But she warned that silence should not be mistaken for consent.
She drew a sharp comparison:
“If I woke up tomorrow and opened a bank with the same name, colors, uniforms and services as an existing bank and started taking customers, I would be arrested immediately. So why is it acceptable when it’s an artist’s life work being used?”
Citing The Law
1. The Copyright and Neighboring Rights Act [Chapter 26:05] – for moral and economic rights
2. The Competition Act [Chapter 14:28] – against unfair market practices
3. The Tort of Passing Off – under Common Law, for misleading the public
“Is the law failing us, or are those meant to enforce it looking the other way?” she asked. “Can being a Christian or choosing peace be used as a reason to deny legal protection?"
“I am not asking for special treatment,” she concluded. “I am asking for the same protection everyone else gets at their workplace. I value peace and Ubuntu. But peace must not be used to justify injustice.”
WHAT THE LAW SAYS
Legal experts note that Zimbabwe’s Copyright Act does protect performers’ rights, while the Competition Act prohibits practices that distort fair trade. The Tort of Passing Off also protects a person’s goodwill and identity from being exploited.
Zimbabwean gospel artist Fungisai Zvakavapano Mashavave speaks out against identity theft, music impersonation, and intellectual property infringement in Zimbabwe.
Intellectual property rights in Zimbabwean music
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