JITI musician Baba Harare is suing a music production firm based in the United Kingdom, Jacaranda Media Group, for almost £ 45 000 in royalties and is requesting an order to terminate their contract.
Baba Harare, née Braveman Chizvino, is also suing the second and third defendants, Charles Guvamatanga and Jordan Mangwiro.
According to the summons given, Guvamatanga and Mangwiro were representing the Jacaranda Media Community, which is registered in Zimbabwe, when the contract was signed.
Baba Harare has since given the summons via his counsel, Mr Arshiel Mugiya, demanding that Jacaranda Media Group, Guvamatanga and Mangwiro pay him £17 500 in royalties for music sold, £ 25 000 for breach of contract and order cancellation for distribution of his music.
“The plaintiff (Baba Harare) and the 1st defendant (Jacaranda Media Group) entered into a contract on 5 October 2017 and in Harare , Zimbabwe, at that time the arrangement was concluded that the 1st defendant was represented by 2nd and 3rd defendants as they are proprietors of the 1st defendant,” Baba Harare said.
The contract entered into by the parties was a licensing deal for music. The requirements were that the plaintiff, being a musician, gave exclusive rights to the first defendant to distribute his music and creative work on various internet and web sites, but the plaintiff would maintain the music copyrights.
The material provisions of the arrangement were that when the song is played and downloaded, the 1st defendant must obtain and collect royalties received. The profits were to be split by the parties, with the first defendant holding 30 percent of the profits, while the plaintiff would receive 70 percent.
In his appeal, Baba Harare said that Jacaranda Media Group uploaded and distributed his three albums on CD Bay and iTunes: Chikwama Changu, Minamato yemaRasta and Ramba Wakadzvanya.
Since then, the 1st defendant has realized the total of British Pounds 25 000 from royalties charged by CD Bay and iTunes and held the whole amount as of December 2019 without paying the plaintiff his 70 percent share, “reads the summons.”
“As a result, the plaintiff incurred financial discrimination amounting to 17,500 British Pounds.”
Baba Harare argues that the Jacaranda Media Company had failed to satisfy its contractual obligations and was entitled to an order to withdraw from the deal.