ZimDancehall maestro Wallace Winky who is popularly known as 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 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.