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27 Aug, 2021 | Posted By: Staff Reporter
Winky D & Magamba Reach Mutual Agreement On Parliament Lawsuit

ZimDancehall maestro Winky D has reached an out of court settlement with youth activism group Magamba Network after suing them for US$12 000 in April this year claiming illegal use of his song, ‘Parliament.’

In a public statement Magamba Network revealed that they reached a settlement with the Gaffa adding that the two parties have ‘amicably resolved the matter.’ The statement released on Wednesday 25 August by Magamba says; “This serves to notify our stakeholders, followers, and the general public of the settlement of the case involving copyright infringement between Magamba Network and Winky D.

“Kindly note the use of Winky D’s musical work known as PARLIAMENT by Magamba Network in our weekly show concept titled ‘In case you missed it’ using the campaign titled #RECONVENEPARLY sometime in May 2020 was made in error and the parties have amicably resolved the matter.

“Winky D’s musical work known as PARLIAMENT is not linked to the Magamba Network and it’s activities.”

In his lawsuit Winky D real name Wallace Chirumiko, 38 demanded Magamba to pay him US$8 000 in damages ‘for infringement of the copyright subsisting in the original work, that is the lyrics, the music composition and sound recording entitled Parliament” and an additional US$4 000 ‘for loss of income arising from unauthorized publication of the original work entitled Parliament by defendant plus costs of suit.”

Efforts to get a comment from Magamba Network and Winky D’s management were fruitless.

Winky D’s manager’s phone rang continuously with no response while Magamba Network’s Director Cde Fatso’s phone went straight to voicemail. 

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Winky D sues Magamba Network for US$12k for breach of copyright

 

Winky D says use of his song Parliament in political programme gave false impression he was a political activist

ZimDancehall maestro Winky D is suing youth activism group Magamba Network for US$12,000 claiming illegal use of his song, ‘Parliament’.

The 38-year-old says on May 16 last year, Magamba Network in a weekly show called “In Case You Missed It” ran a TV campaign titled “ReconveneParly” in which it allegedly reproduced and published the song, infringing his copyright.

Winky D, real name Wallance Chirumiko, says the use of his song created an impression that he was a political activist, alienating him from some of his fans.

“The offending work was a socio-political video which was accompanied by and contained a reproduction of the original work. Winky D is an apolitical musician and the thrust of his music is purely entertainment,” the singer’s lawyers said in papers filed at the High Court on Wednesday.

“The use of the work by Magamba Network has the effect – innocent or otherwise – of suggesting to the public that Chirumiko was aligned to or biased towards a certain political idea or movement which suggestion resulted in persons opposed to the said political idea or movement shunning the plaintiff and his music, leading to reduction of income on the part of the plaintiff.”

Winky D wants Magamba to pay him US$8,000 in damages “for infringement of the copyright subsisting in the original work, that is the lyrics, the music composition and sound recording entitled Parliament” and US$4,000 “for loss of income arising from unauthorised publication of the original work entitled Parliament by defendant plus costs of suit.”

Winky D’s lawyers say he exclusively licenced the copyright in the original work to Vigilance Music.

The matter is pending.


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