ZICCO Barred from Licensing ZIMURA Works After High Court Ruling; Damages Claim Dismissed

ZICCO Barred from Licensing ZIMURA Music as High Court Dismisses Damages Claim (image source)

The High Court ruled on September 10 that the Zimbabwe Council of Copyright Owners (ZICCO) cannot license music whose copyrights belong to members of the Zimbabwe Music Rights Association (ZIMURA) or its international affiliates, while finding Simbisa Brands had played ZIMURA-protected music without a licence but dismissing ZIMURA’s damages claim of US$86,719 for lack of proof.

Justice Mafusire found that Simbisa Brands, which operates Chicken Inn, Pizza Inn and other fast-food outlets, played works protected by ZIMURA members without a valid licence. ZIMURA alleged the infringement covered the period between November 2023 and October 2024 and sought damages totalling US$86,719, arguing Simbisa had failed to pay royalties for music by local and international artists in its catalogue.

Simbisa defended its actions by saying it believed it had a valid licence from ZICCO, a registered collecting society, and therefore acted in good faith. Justice Mafusire rejected the proposition that registration as a collecting society alone conferred authority to licence works owned by another society. “The issue is not about being registered … It is about who has the copyright in the music played for public consumption,” he wrote, attributing the central legal test to ownership rather than registration.

The court criticised ZIMURA’s calculation of damages, noting the claim treated disparate works as if they had identical monetary value and effectively equated unpaid licence fees with proven losses. “Works of music by different artists cannot possibly have the same value … the plaintiff has failed to prove the amount of its claim,” Justice Mafusire ruled, finding the evidence insufficient to award the claimed sum.

As a result, the court declared ZICCO had no authority to licence ZIMURA’s repertoire and ordered ZICCO to pay ZIMURA’s costs. Simbisa, while found to have infringed copyright, escaped an order to pay the US$86,719 in damages because ZIMURA failed to prove the amount it sought.

The judgment delineates the limits of collecting societies’ licensing powers and underscores the need for clear proof when quantifying losses arising from public performance or commercial use of musical works. The decision leaves unresolved practical licensing questions for commercial users and collecting societies: licence buyers relying on a registered society must verify that the society actually controls the rights it purports to licence, while rights owners must present precise, work-specific evidence when claiming monetary relief in infringement disputes.

The outcome gave each party partial success: ZICCO lost its asserted licensing power over ZIMURA’s catalogue; ZIMURA won a costs order; and Simbisa avoided a damages award due to the plaintiff’s inadequate proof.