Cosoma Toothless?

Thirteen years ago, history was made in the music circles. Out of the blue, a unique voice depicting female metaphors was added to the music industry, and with Tchekela Maluzi, Collins Bandawe got it right and inscribed a signature that took local music by storm.

From beer halls to homes, the hit, which mainly depicts the financial woes of majority of Malawians, got a quick nod. Everyone gets broke once in a while.

However, the nine-track album, released in 2005, had nothing much to offer. Bandawe just struck the right chords on the title track to become a household name. He sold over 20 000 copies to become one of the top music sellers in the land.

But as fate would have it, his fame did not last. Just like all one-hit-wonders that have graced our music stage before, Bandawe was soon a figure confined to a sorry corner of history. The subsequent albums failed to break the record.

Fast-forward to 2018, the forgotten hit got its way back on the airwaves, now reinvigorated and featuring new voices. The adaptation of Tchekela Maluzi by local rap star Macelba and another urban music giant Saint, has of course delighted many, but disappointed the composer.

Bandawe claims the reproduction was done without his consent. The 44-year-old, a bricklayer by profession, says he has taken to task Macelba and Saint.

“I was surprised to hear my song playing on one of the radio stations,” he says, adding that he immediately reported the issue to Copyright Society of Malawi (Cosoma).

Bandawe says Cosoma told him that the two artists approached the institution to reproduce the song, claiming they could not trace him. He says Cosoma advised the artists to write them, but before the process was complete the artists released the song.

“I’m disappointed and I doubt their efforts to trace me were exhaustive,” said Bandawe in an interview.

He said he lodged a formal complaint with Cosoma, but says he is not impressed with the efforts in resolving the matter.

“I finally met the artists, but there is no deal,” he says.

Cosoma licensing officer Rosario Kamanga confirmed that Bandawe lodged a complaint.

“We are in touch with both parties to try to settle the issue out of court,” he said.

In separate interviews, Macelba and Saint played hide and seek on the issue.

Macelba said: “I know nothing about that. What I know is that we have a deal with him. So, I really don’t know about the complaint he has lodged with Cosoma.”

Saint described the issue as news and said: “Allow me not to say anything. Maybe if you can find out from Collins himself. Thanks for linking me bro.”

The Copyright Act of 2016 stipulates that “…the rights referred to in sections 8 and 9 shall be protected during the life of the author and for 50 years after his death”.

While Macelba and Saint may be the victims, the practice is not new. However, many get away with it, raising questions on Cosoma’s relevance. Maybe, it is a toothless system.

Just three years ago, San B took the law into his hands to reproduce Evison Matafale’s Chauta Ngwa Mphamvu hit without the consent of both Cosoma and the relatives of the departed reggae icon.

Black Missionaries leader Anjiru Fumulani confirmed the matter.

“Toza Kapito took the issue to Cosoma for possible intervention,” he said. “It is unfortunate that as artists, we sometimes choose to take shortcuts in doing these things.”

Fumulani and Bandawe are worried that this is happening under Cosoma’s watch.

Kamanga says the act attracts  K5 million fine or a two-year jail term.

“Rerecording another artist’s work requires permission because the act of reproduction is an exclusive right,” he said.

Kamanga said where an agreement has been reached on the reproduction of somebody’s work; the original composer is entitled to get a share of the royalties. Bandawe said he has received no penny from the reproduction and is worried that Cosoma is sleeping on his complaint.

Kamanga said they are doing their best to enforce the copyright laws.

Musicians Association of Malawi (MUM) president the Reverend Chimwemwe Mhango said there is need for more civic education among artists on copyright laws to deal with the practice.

As Bandawe fights for his rights, Macelba and Saint continue to enjoy fruits of the product. The re-make of Tchekela Maluzi earned the two artists a nomination for best song of the year in the recently held Nyasa Music Awards. The songs also topped for weeks on Radio 2FM Made on Monday Top 10 chat. n