Singer Jetu, through her management, has complained to the Copyright Society of Malawi (Cosoma) about the unauthorised use of her song Chakwaza in a television commercial by MultiChoice Africa.
The artist claims her song was used in an advert without permission which is against copyright and intellectual property laws in the Copyright Act of Malawi.
According to the letter we have seen, Jetu has asked Cosoma to intervene to ensure that MultiChoice Africa is held accountable for the unauthorised use of her song, establish the extent of the infringement and financial gains accrued from the commercial.
“DStv Africa, through MultiChoice, has benefitted commercially from the use of Chakwaza without any lincensing arrangement, royalties or financial compensation to the rightful owner. This is not only unlawful, but also unethical as it disregards the economic and moral rights of the Malawian musicians,” reads the letter in part.
It says should Cosoma fail to take the necessary steps to address the issue, Jetu’s management will take legal action against MultiChoice Africa to seek appropriate compensation and damages for the infringement of her intellectual property.
In a separate interview yesterday, Jetu’s manager Blessings ‘Emu Dee’ Kazembe confirmed to have penned the copyright regulatory body over the matter.
“Yes it is true that we have taken the matter to Cosoma. After we learnt of the issue a week ago, we sat down to seek direction on the matter. We hope that we will be assisted accordingly,” he said.
When contacted yesterday, Cosoma executive director Dora Salamba Makwinja said: “Intellectual property is property just like any other property. Would you allow someone to just take your car without your permission?”
In an earlier interview, MultiChoice Malawi corporate affairs manager Deborah Matowe Mzembe said they are not aware as they are not involved in the production of adverts in South Africa.
“We are just learning of the issue. We have notified the South African stakeholders and we trust they will engage further,” she said.
