Simbisa Brands Cleared in High-Profile Copyright Battle

The High Court of Zimbabwe has absolved Simbisa Brands Zimbabwe (Pvt) Ltd from a US$86,719 copyright infringement claim brought by the Zimbabwe Music Rights Association (ZIMURA), in what has been hailed as a major legal victory for the fast-food giant.

Justice Mafusire delivered the judgment on September 10, 2025, following a civil trial pitting ZIMURA against Simbisa Brands and the Zimbabwe Council of Copyright Owners (ZIMCO).

ZIMURA had accused Simbisa of playing copyrighted music in its outlets between November 2023 and October 2024 without a licence from the association. The organisation, which represents more than 4,500 artists and acts as an agent for international societies under CISAC, claimed Simbisa had failed to pay royalties and demanded nearly US$87,000 in damages.

However, Simbisa defended itself, arguing that it was duly licensed by ZIMCO, another registered collecting society, and therefore had not violated copyright law.

In his ruling, Justice Mafusire confirmed that while Simbisa outlets did play music whose rights were assigned to ZIMURA, the association failed to prove the quantum of damages. The court found that ZIMURA’s computation—based on its licensing tariffs rather than actual loss or market value—was “ill-conceived” and not in line with the Copyright and Neighbouring Rights Act.

“The plaintiff has failed to prove the damages that it might have been entitled to and the first defendant is entitled to be absolved from this aspect of the plaintiff’s claim,” Justice Mafusire ruled.

The court also determined that ZIMCO, despite being a registered collecting society, could not license the use of music belonging to artists under ZIMURA. As a result, ZIMCO was barred from authorising public performances of works protected by ZIMURA and CISAC.

On costs, the judge ordered ZIMURA and Simbisa to each bear their own legal expenses, while ZIMCO was directed to cover ZIMURA’s ordinary costs.

The decision is a significant win for Simbisa Brands, which operates popular outlets such as Chicken Inn, Pizza Inn, and Creamy Inn. The ruling not only shields the company from a substantial financial claim but also clarifies the complex licensing landscape in Zimbabwe’s music copyright sector.

Industry observers say the judgment sets a precedent for how businesses navigate multiple collecting societies and reinforces the need for clear royalty structures to protect both artists and users.

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