Zimdancehall chanter Celscius sues distributor for USD$10 500. Jacaranda Media Group (PVT) Ltd, a United Kingdom-based company that is also registered in Zimbabwe as the 1st defendant, Distrohive Digital Music (PVT) LTD a United Kingdom-based company that is registered amd based in Zimbabwe as the 2nd defendant.
The 3rd and 4th defendants are shareholders and directors in the in the 1st and 2nd defendants. Norton based Zimdancehall chanter Tafadzwa Mwandira popularly known as Celscius is claiming US$10 500 from Jacaranda Media Group (PVT) LTD and Distrohive Digital Music (PVT) LTD over unpaid music royalties. In his declaration filed at the High Court, Mwandira through his lawyer Mr Arshiel Mugiya cited.
According to the plaintiff’s declaration, sometime in January 2019, Mwandira entered entered into a contract with 1st and 2nd defendants who were represented by 3rd and 4th defendants the contracts were music distribution agreements.
The material terms of the contracts were that the plaintiff a musician granted 1st and 2nd defendants exclusive rights to distribute his music and artistic work in various online platforms but Mwandira would retain ownership and copyrights to the music. The 1st and 2nd defendants would collect royalties paid when the music is played and downloaded on the internet platform and the parties were to share proceeds with the plaintiff retaining 70 percent whilst 1st and 2nd defendants would receive 30 percent of the proceeds, reads Mwandira’s declaration.
In pursuance of the contracts, 1st and 2nd defendants uploaded several albums and singles. The music was uploaded on internet platforms and royalties were directly deposited into the 3rd and 4th defendants and they allegedly recieved in excess of US$16 000 and did not remit a single cent to the plaintiff.
“The plaintiff consequently suffered financial prejudice in the sum of US$10 500 reads the declaration. The plaintiff tried to engage the 3rd and 4th defendants who denied owing him anything and were dismissive of his various requests for them to take down his music from the internet.
The defendants have failed to perform their obligation in terms of the agreement and have committed breach that goes to the root of the contract hence plaintiff is entitled to cancellation.
“Wherefore plaintiff herein claims against the defendants jointly a sum of US$10 500,” reads Mwandira’s declaration.
