Advertisers in Zambia told to go legal when using music

Peter Chikwampu

March 2011

The Zambian government has ordered companies in the country to cease using music in their advertisements without permission from the relevant rights holders. The move was welcomed by the Zambia Association of Musicians (ZAM).

Dr. Sam Phiri, the information and broadcasting services permanent secretary, has given companies and advertising agencies a deadline of 3rd April to act. He said it was an offence under the Copyright and Performance Rights Act No. 25 of 2010 to synchronize copyrighted music and visual works in advertisements without the consent of music or picture owners.

Maiko Zulu, the president of ZAM, said the government's move had come at the right time as his association is in the process of formulating a five-year strategy that will include ensuring the music played in advertisements is properly licensed.

Zulu believes it is sad that companies use local and international music as background to their advertisements without consent from rights holders and that the government's directive has given hope to musicians who do not currently benefit from the use of their work.

He said: "We as musicians we are pleased with the government's statement because we now know that we have a promising future with our music."

Zulu added that more also should be done in protecting international music because it was vulnerable because many people turned a blind eye in following the law.

The permanent secretary advised companies wishing to use music in their advertisements to obtain clearance from the Zambia Music Copyright and Protection Society (ZAMCOPS).

Dr. Phiri said the government intends to work closely with ZAMCOPS so that artists occupy a central role in society and that their industry is respected and rewarded adequately.

Recently, some artists have also been campaigning for compensation from some mobile service providers that use their instrumentals as ringtones without permission.

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