ZIMBABWE MUSIC RIGHTS ASSOCIATION v SIMBISA BRANDS ZIMBABWE [PRIVATE] LIMITED and ZIMBABWE COUNCIL OF COPYRIGHT OWNERS

Key Issues

• {"issue_text":"Whether the first defendant played music belonging to the plaintiff's members in the period under claim.","issue_type":"fact","dispositive":"yes","related_facts":"The plaintiff's inspectors' schedule; the extensive list of artists assigned to the plaintiff."}
• {"issue_text":"Whether the first defendant had any right to play the said music from the plaintiff's members.","issue_type":"law","dispositive":"yes","related_facts":"The first defendant's license from the second defendant; the assignment of copyright to the plaintiff."}
• {"issue_text":"Whether the first defendant is liable to pay the claimed amount or any amount to the plaintiff.","issue_type":"mixed","dispositive":"yes","related_facts":"The plaintiff's claim of USD86,719.00; the failure to assess damages."}
• {"issue_text":"Whether licences issued by collecting societies are general or works-specific.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the license issued by the second defendant."}
• {"issue_text":"Which party is liable to pay costs and at what scale.","issue_type":"procedural","dispositive":"yes","related_facts":"The conduct of the parties during litigation."}

Background