Mathew Masinge, Court Reporter
Top dancehall chanter Winky D, born Wallace Chirumiko has slapped political satire and comedy ensemble Magamba Network with a US$12 000 law suit for reproducing his song – Parliament.
According to Winky D, what the Cde Fatso led comic show did on May 16, 2020 on their weekly report – ‘In Case You Missed it’, portrayed him as someone aligned to a certain political movement.
Magamba Network who have conceded being at fault circulated a video on social media under the #Reconveneparly campaign also run on the show.
Through the summons, Winky D is demanding US$8 000 for copyright infringements and US$4 000 for loss of income.
His own record label – Vigilance Music – has also been incorporated as the second plaintiff, claims that the satire resulted in their artiste losing a lot of income and fans disowning taste in his music.
“Winky D’s claim against Magamba network is payment of damages in the sum of US$8 000 for infringement of the copyright subsisting in the original work, that is the lyrics, the music composition and sound recording entitled Parliament,” wrote his lawyers.
“Plaintiff is also demanding payment of damages in the sum of US$4 000 for loss of income arising from unauthorised publication of the original work entitled Parliament by defendant plus costs of suit,” further reads the summons.
Winky D further argues that he is apolitical.
“Winky D is an apolitical musician and the thrust of his music is entertainment, the use of the work by Magamba Network had the effect, innocent or otherwise, of suggesting to the public that Vigilance Music was aligned to/biased towards a certain political idea/movement shunning Winky D and his music leading to reduction of income on their part,” reads the summons.
The singer went on to argue that the video circulated by Magamba affected his original work.
“The offending work was a socio-political video which was accompanied by and contained a reproduction of the original work.
“The aforesaid conduct was not authorized by Winky D or Vigilance Music while the work was used for the purposes of reporting current events its use by Magamba Network did not constitute fair dealing as it adversely affected the original work,” added the court application.
Now, Winky D wants the court to make a determination and order Magamba to pay the damages for the lyrics, the musical composition and recording of the song Parliament.
He also seeking to benefit from the unauthorised publication of the original work.
Magamba Network is yet to respond.