INTELLECTUAL PROPERTY RIGHTS VIOLATION CONTINUES

By Simbarashe Mudhokwani

 The role of artistic creativity in Zimbabwe continues to be polluted regardless of the pivotal role that it is playing in nation building. Art contributes much to the Zimbabwean economy. Although arts and culture plays a significant role, the intellectual property rights of artists continue to face strong and wide violation. There are more gains to be received by Zimbabwe as a nation through arts and culture, if a holistic embracement of respect to the intellectual property rights of artists is harnessed.  A fully understanding and recognition of artists’ intellectual property rights brings effective outcomes which transform the livelihoods of many artists.

The Intellectual Property Rights simply refers to the fundamental elements where the mind has the power of innovating; creating and inventing artistic work. These creative works are supposed to be protected by laws. The Copyright and Neighboring Rights Act Chapter 26:05 and Regulations in Zimbabwe is one instrument that helps in protecting intellectual property. Zimbabwean creative rights have been lost to other countries and continents and artists continue to loose much money. A range of intellectual properties in the Zimbabwean arts and culture sector, like in many nations encompasses those who are into filming and multi-media productions, performing arts, cultural industries, literature and languages, open performances/spoken word. Over and above all, the intellectual properties touch those who are into visual arts and this is a sector that faces a big challenge of intellectual rights violation. What could be a solution that will allow the artists to reap what they are working for?

In the streets of Harare, pirated CDs are flooding the market and very few artists are getting considerable benefits from their innovations. A pirated CD copy is sold out on the street at US$1 or US$1 per two copies. The amount siphons the creative energy and sweat of most artists in Zimbabwe. Some art works are sold beyond the Zimbabwean boarders at higher prices and the inventors of art works will not gain anything. For the novelists and the book industry, their literature is sold on the street corners after photocopied. Are Zimbabwe’s cultural industries ever going to grow professionally considering situation affecting the artists? 

Some of the national institutions such as schools are also photocopying books. It remains a pity for the owners of art works that they are battling to have a long standing solution for piracy. The crafters are also having their material taken and sold out of Zimbabwe, with a number of middle-men coming from within Zimbabwe and other countries such as South Africa. Binga baskets make up a good example of the disrespectful of the intellectual property rights of Zimbabwean artists. Old grandmothers in Binga are the owners and crafters of baskets. These old women are under-paid for these creative works. The middle-men then make more money out of the baskets.

The creation of copyrights and law enforcements help in the recognition of the works of the artists. Intellectual properties plays a pivotal role of uplifting the living standards of artists, contributing to the development of most countries’ economies, cultures and heritage, hence the need for promoting intellectual property rights.

These intellectual properties are all intangible capacities because they draw their inspirations from socio-economic and political spheres of any period.

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