Zambia copyright body sues public broadcaster over royalties

The ZMCPS said that in 1998 it had entered into an agreement with the ZNBC and granted the public broadcaster permission to broadcast all musical works under the copyright board’s jurisdiction.

“In 1998, the plaintiff and the defendant entered into a contract wherein the defendant was granted rights and authority to broadcast from the defendant’s radio and television stations all or any musical works registered with the plaintiff and included in its repertoire,” the ZMCPS said in its submission.

“It was agreed between the parties that in return, the defendant would pay royalties at the rate of 3% of the net radio airtime revenue.

“On 31 July 2014, a second contract was signed between the plaintiff and the defendant wherein the defendant was granted a licence to broadcast from its television stations all or any of the musical works registered with the plaintiff and included in its repertoire.”

The ZMCPS said the broadcaster had failed to meet some of the contractual agreements agreed upon. The society also said the ZNBC had agreed to pay the debt two years ago but had reneged on its promise.

“The plaintiff will further aver that the defendant has in breach of the contracts persistently defaulted in meeting its obligation to pay royalties due to the plaintiffs under the two contacts with the total royalties due now standing at K1 242 708.98 as at 31 October 2017 (up to 31 March 2013 for radio and up to 30 June 2015 for TV).

“The plaintiff will also aver that sometime in 2013 and 2016, the defendant undertook to settle the total debt due to the plaintiff in monthly instalment payments of K100 000, but despite several reminders, the defendant has neglected to settle the amount due to the plaintiff in total disregard of its undertaking."