MUSICIAN Braveman Chizvino popularly known as Baba Harare
has dragged a music distribution company that is holding on to £17 500
royalties after distributing three of his albums.
Chizvino cited Jacaranda Media Group (Pvt) Ltd (Jacaranda),
the proprietors Charles Guvamatanga and Jordan Mangwiro as respondents in
summons filed before the High Court.
He now wants an order for cancellation of a contract they
entered in 2017 when he authorised the company to distribute his music and
collect royalties on his behalf.
According to the summons on September 5, 2017, Chizvino entered
an agreement with Jacaranda represented by Guvamatanga and Mangwiro in Harare.
The court heard Chizivo gave Jacaranda exclusive rights to
distribute his music on various online platforms but retaining copy rights.
The material terms of the agreement were that Jacaranda
would receive and receipt royalties paid when the music is played and
downloaded.
The court heard Chizvino and Jacaranda would share proceeds
with the music distributor retaining 30 percent while he got 70 percent.
“In pursuance to the agreement Jacaranda uploaded and
distributed Chizvino’s artistic work, three albums; Chikwama changu, Minamato
yema rasta and Ramba Wakadzvanya on CD Baby and iTunes,” reads the summons.
“Jacaranda has since realised the sum of £25 000 from
royalties paid by CD Baby and iTunes and have retained the whole amount without
paying Chizvino his 70 percent share and these figures are as of December 2019.
“Chizvino has consequently suffered financial prejudice of
£17 500 and the defendants have continued or refused to remit funds to him
despite that they have been receiving royalties and are therefore in breach of
the contract.”
Chizvino said he was entitled to an order for cancellation
of the contract since Jacaranda had defied terms of the contract.
He complained about how Jacaranda’s conduct had put him out
of pocket as he sought legal assistance to recover his share of the proceeds
and wants an order of costs at a higher scale. Daily News
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