Winky D Files US$12 000 Lawsuit Against Magamba Network
Popular Zimdancehall artiste Winky D is suing Magamba Network, a youth activism group for US$12 000 claiming illegal use of his song, Parliament.
Winky D, real name Wallace Chirumiko, said on 16 May last year, Magamba Network allegedly reproduced and published the song in a weekly show, infringing his copyright.
The show in question is called “In Case You Missed It” and it ran a campaign titled “ReconveneParly” in which the song Parliament was allegedly used.
In papers filed at the High Court on Wednesday, the 38-year-old’s lawyers said the use of his song created an impression that he was a political activist, alienating him from some of his fans. They said:
The offending work was a socio-political video which was accompanied by and contained a reproduction of the original work.
Winky D is an apolitical musician and the thrust of his music is purely entertainment.
The use of the work by Magamba Network has the effect – innocent or otherwise – of suggesting to the public that Chirumiko was aligned to or biased towards a certain political idea or movement which suggestion resulted in persons opposed to the said political idea or movement shunning the plaintiff and his music, leading to reduction of income on the part of the plaintiff.
Winky D is demanding from Magamba US$8,000 in damages for infringement of copyright and US$4,000 for loss of income and costs of the suit.
Winky D’s lawyers say he exclusively licenced the copyright in the original work to Vigilance Music.
The case is yet to be heard.
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