Artists need support from government and other stakeholders to ensure the survival, growth and profitability of the arts industry. Government must ensure the effective enforcement of existing legislation and, enactment of new laws to protect artists from exploitative tendencies such as piracy and non-remittance of royalties by publishers, record companies and bodies such as the Zimbabwe Music Rights Association ( ZIMURA). Government assistance should also be in the form of material, financial, legal and moral support to all projects that can uplift the lives of artists and thus develop the arts sector. Protection of works of art is of paramount importance because every nation is defined by its arts and culture. When the arts industry flourishes, the country’s stature internationally rises and the citizens’ economic welfare improves.
The advent of the internet has revolutionised the production and marketing of music globally. The traditional brick and mortar record bar has been replaced by electronic sites that have a far greater geographical reach than ever imagined before. In developed countries where anti-piracy laws are very strong, artists have reaped huge financial benefits from this powerful marketing tool. In developing countries, however, only a few artists have been able to earn some reasonable incomes by selling their songs online, but the majority languish in poverty due to online piracy. Immediately, after the release of a song, the song is pirated and sold in complete defiance of the country’s copyright laws. These criminals are stealing videos, audios and other artefacts and selling them on YouTube and a proliferation of illegal online sites they have created. Managers of those illegal sites are making a killing while artists, the creators of the works of art, live in penary. This urgent need for the protection of artists from all forms of exploitation including electronic piracy (e-piracy) is why the Zimbabwe Music Rights Association was formed.
The Zimbabwe Music Rights Association (ZIMURA), is an association of composers and publishers, which was established in 1982 to protect artists from infringement of some of the rights given them by the Copyright and Neighbouring Rights Act (Chapter 26:05). The Act, among other things, gives an artist the exclusive right to produce, publish and distribute his or her work. No-one is allowed to sell or perform someone else’s work without express authority from the creator. ZIMURA is the central authority where members of the public can apply for rights to use works of art. ZIMURA is also responsible for the collection and distribution of royalties on behalf of its registered members. The protection of works of the mind, I reiterate, is vitally important for the development of a country’s arts and culture sector.
What is now disturbing is the fact that those tasked with protection of musicians at ZIMURA are now at the forefront of violating artists’ rights. Against the rules of the association, they collect royalties for artists and pass on to the artists, only miserable amounts after making huge deductions. In my view, the problem arises from the fact that none of those employed by the organisation have a background in arts. They do not appreciate the amount of mental, physical and financial resources that are invested in producing works of art. The only reason why those people were ever employed in ZIMURA is their connection to people responsible for recruitment. Nepotism and tribalism, not merit, are used to recruit people into ZIMURA. The people who run the association have no passion for arts and do not care about the welfare of artists. Most of musicians’ royalties go towards the hefty salaries of ZIMURA’s directors who decide how much they must pay themselves. Why can’t that organisation be run by people of the calibre of Dr Tafataona Mahoso, Professor Fred Zindi, Dr Musaemura Zimunya or Joyce Jenje Makwenda who are artists in their own right? My point is we do not lack artists with the requisite skills to run ZIMURA. People who are artists are naturally expected to, and will definitely, work hard to improve the lot of artists and improve the sector.
I understand that Zimbabwean artists got a donation of US$10 million from the World Health Organisation (WHO) to assist artists cope with the hardships induced by Covid19 lockdowns. The funds were given to the Ministry of Arts, Culture, Sports and Recreation to administer through ZIMURA and the National Arts Council. Until now we do not know where the money went. Artists need clarification about how the money was disbursed (if at all it was disbursed). I strongly suspect that the money might have been embezzled or allocated to people who are not artists (which would still amount outright theft). The Zimbabwe Anti-Corruption Commission (ZACC) and the Zimbabwe Republic Police (ZRP) ought to investigate the disbursements of all Covid19 assistance given to artists either by government or other development partners. Failure to do that by the anti-graft body and the country’s principal law enforcement agency may lead artists to effect a citizens’ arrest.
Musicians have been crying foul for a long time without getting any redress. A petition by musicians to demand the resolution of these issues is required. Previously, I encouraged artists to sign a petition asking ZIMURA to pay funeral expenses if a member artist passes on. Artists massively supported the petition and the funeral expenses arrangement was instituted and is still operating. When artists work together to collectively demand their rights, they usually succeed.
The National Arts Council is not very active in the development of the arts sector. They only become visible when there are international arts tours. Then, only those connected to the leadership of the National Arts Council take part in the tours. The criteria used to select artists to represent our country in overseas cultural tours is not clear. For important festivals such as the World Exposition, it seems the National Arts Council just handpicks people on ethnic grounds with no consideration for merit. The artists are hastily assembled, and with less than a month’s time of rehearsals, they are off to the festival. The World Exposition is an opportunity for Zimbabwean artists to showcase their artistic excellence. How are they expected to shine when the team has not been properly constituted and trained. As I see it, preparations for important international festivals must be done when there is still much time. I further propose that the National Arts Council should conduct public auditions when selecting artists to represent the country on international cultural tours.
There also ought to be constant engagement between the National Arts Council and musicians. The Zimbabwe Union of Musicians must not be sidelined in matters concerning the welfare of musicians.
The Ministry of Arts, Culture, Sports and Recreation must support (rather than frustrate) projects that help to develop our arts sector. These projects might have been initiated by individual artists or by groups of artists. In the past, I suffered a serious setback when the government blocked sponsorship for an arts project I wanted to implement. The Netherlands Embassy had pledged to assist Jenaguru Arts Centre to build an arts centre in Harare. The permanent secretary in the then Ministry of Education and Culture refused to approve the project, arguing that the Netherlands Embassy should build the centre for government rather than for an individual. I wondered then, as I still do now, if an art centre built in Zimbabwe by me or any other individual or private organisation is not a national asset! Because, we showed disunity, the Netherlands Embassy withdrew their funding. Development of musicians or artists in general, is part of the national agenda, and a project by any one of them must be seen as a national project. Jenaguru Art Centre in Harare and Amakhosi Arts and Theatre Centre in Bulawayo, among many other art centres in the country, train Zimbabwean artists. They are therefore, centres of national importance.
In another incident, Jenaguru Arts Centre was denied clearance to bring new radio broadcasting equipment into the country. The equipment had been donated by NHK Japan, the national broadcaster of Japan. The donation was blocked by director, Doctor Mutasa who used to work in the then Vice President Mujuru’s office. Jenaguru was served with no reason for not allowing the donated equipment into the country. Looking back at the unfortunate ordeal, I feel it would have been better to allow the equipment into the country, even if they were to persuade or coerce me to donate it to the our national broadcaster, ZBC. Then the donated equipment would not have been lost to the country. But, again we lost an opportunity as a country because of the disconnect between government and artists. It is my fervent prayer that the Second Republic will bridge that gap because government support is indispensable for the progress of the arts sector.
The arts and culture section has a potential to become a substantial portion of our economy It is essential to protect the social and economic rights of artists to enable the arts and culture sector to recover from the negative effects of the Covid19 pandemic. If properly supported, the sector can be become the bedrock for national economic recovery and growth.