ZIMBABWE MUSIC RIGHTS ASSOCIATION

COMPOSER / AUTHOR / PRODUCER

MEMBERSHIP APPLICATION FORM
Personal Details

Title Mr

Surname Chiwenga

Name Shepherd

Pseudonym
L'lcool Tiffah

Band / Group T.Y.H.B THE YOUNG HOT BLOOD

Name

Gender
M

Date of birth
10/12/1990

Country of Birth
Zimbabwe

Nationality Zimbabwean

ID / Passport Number DN429514

Musical Role Composer AuthorYES Arranger Producer

(Tick where appropriate)

Contact Details

Residential Address
No 2 Brickfield Road Mt Hampden HRE

1
Email Address cooltiffah@gmail.com

Phone Number
+27 79 558 0340
Banking Details

Account Holders Mr Shepherd T Chiwenga

Name

Account Number 4125-267721-405

Name of Bank ZB Branch WestGate HRE

Next of Kin

Title Mrs

Full Name Mkandambile

Beatrice

Relationship Wife

Email Address N/A

Phone Number

Declaration

I, hereby apply to be admitted as a member of the Zimbabwe Music Rights Association (ZIMURA) in
terms of its Memorandum and Articles of Association. If admitted, I agree to abide by the terms of
these documents, as well as the Organisation’s Rules and Regulations.

I hereby declare that I am not a member of any performing and /or mechanical rights Organisation
or Society in any other country, for ZIMURA territory and that the details contained in this
Application form are correct.

Signed at Musina Nancefield Residence

Date 20/09/2022

Applicant’s s.t.chiwenga
Signature

2
 LAST WILL AND TESTAMENT

In the event of my death I

Shepherd Tafadzwa Chiwenga

ID Number
63-2233758 F80

Would like my royalties from the Zimbabwe Music Rights Association to be inherited by my (wife,
brother, husband, sister, son, daughter etc)
Children

Name and Surname

Cassie, Canaan Chiwenga

ID Number N/A

Beneficiary’s
N/A
Address
Contact Numbers
N/A

In the event of
my death whilst the beneficiary mentioned above is still a minor my

Next of kin will accompany and assist

him/her.
Full Name Beatrice Mkandambile

Address 533 Dulivhadzimo Beitbridge T/s

Contact
numbers

Signed in the presence of each other at

Home

On (Date and
20/09/2022
Time)
Testator
s.t.chiwenga
(Signature)
Witness (1) Aaliyah Mukwena

Address 1870 Dulivhadzimo Beitbridge T/s

Signature and ID A.Mkwena 28-2012280 L02

Number
Witness (2) Beatrice Mkandambile

Address
533 Dulivhadzimo Beitbridge T/s

Signature and
ID Number B.Mkandambile 02-101026 Y02

3
 BIOGRAPHY

Surname Chiwenga

Name
Shepherd Tafadzwa

Number of Albums to date 1

When did you start your musical 2020

career?

When did you record your first May 2020

album?

How did you start your musical

career? Started as a poet both in primary and secondary school. was also
part of the school choir

What is your Inspiration?

My life and it's sarroundings

Accolades/Awards
N/A

4
 ZIMBABWE MUSIC RIGHTS ASSOCIATION
COPYRIGHT DEED OF ASSIGNMENT

20
By this DEED OF ASSIGNMENT made this …………. September
day of …………………………. 22
20…….
Between (Full Name)
Shepherd Tafadzwa Chiwenga
………………………………….………………………………………………………………………..
(ID Number)
63-2233758 F80
………………………………………………………………………….………………………………
("herein after referred to as the ‘Assignor’)

being a member of the Zimbabwe Music Rights Association

and the said

ZIMBABWE MUSIC RIGHTS ASSOCIATION

(limited by Guarantee)
(hereinafter referred to as "the ‘Association’)

with its registered Head Office at 1& 3 ASPEN FLATS,80 MENDEL ROAD AVONDALE HARARE

the parties agree as follows: -

1. In this Deed: -
(a) The expression ‘musical work’ shall mean any musical work whether now existing or
hereafter composed and shall include any song, choral work, the vocal and instrumental
music in any cinematograph film, the words and/or music of any monologue having a
musical introduction.
(b) The expression ‘dramatico-musical work’ shall mean an opera, operetta, musical play,
revue, pantomime or sketch, in so far as it consists of words and music written expressly
therefore, but shall not include a cinematograph film.
(c) The word ‘ballet’ shall mean a choreographic work having a story, plot or abstract idea,
devised or used for the purpose of interpretation by dancing and/or miming, but shall not
include country or folk dancing, nor tap dancing, nor precision dance sequences.
(d) The expression ‘record’ shall mean any disc, tape, perforated roll or other carrier medium
or device on or in which musical works or sounds including musical works are embodied,
fixed or stored so as to be capable of being automatically reproduced therefrom with or
without the aid of some other device.
(e) The expression ‘mechanical right’ shall mean in respect of any musical work the right to
make or cause to be made in any part of the world, a record or records embodying that work,
including the making of records(resulting from reproduction by any means) for purposes of:
letting, offering or exposing the musical works for hire by way of trade, directly or indirectly:
broadcasting the musical works, transmitting the musical works in a cable or diffusion
service, communicating the musical works to the public, using the musical works by means
of the internet and in electronic multimedia products and in any new media applications,
using the musical works in telecommunications services, including use as ringtones, any
performance of the works, as well as the right of authorizing the said acts.

(f) The expression ‘synchronization right’, in respect of a musical work composed or written
primarily for inclusion in the soundtrack of a specific cinematograph film, advertisement,
documentaries, the production of which was contemplated at the time of the commissioning

5
 of the musical work, shall mean the right to reproduce such musical work, or authorize the
reproduction thereof in all parts of the world on the soundtrack.
(g) The expression ‘performing right’ shall mean and include, subject to the exceptions set
out below, the right of performing in public, broadcasting and causing to be transmitted in a
cable or diffusion service, in all parts of the world, by any means and in any manner
whatsoever, all musical works, and the right of authorising any of the said acts. Unless
expressly authorised, shall not include the right of performing in public, broadcasting,
causing to be transmitted in a cable or diffusion service or of authorising any of the following
classes of works unless such acts are done by means of cinematograph films:
(i) dramatico-musical works in their entirety;
(ii) excerpts from dramatico-musical works consisting of a complete act;
(iii) excerpts from dramatico-musical works which, not consisting of a complete act, have
a total duration exceeding twenty(20) minutes when broadcast by television, or
twenty-five(25) minutes when broadcast by sound radio or performed otherwise than
by broadcasting, and excerpts which, not consisting of a complete act and not
exceeding the durations mentioned in this paragraph, form a consecutive sequence
which preserves all the essential elements of the original work and does not interrupt
the dramatic action;
(iv) the music and any words associated therewith composed or used for a ballet, if any,
accompanied by a visual representation of such ballet exceeding fifteen (15) minutes
in the total duration or fifty per cent (50%) of the total length of the ballet.
(h) The word ‘performance’ shall mean, unless otherwise stated, any mode of acoustic
presentation taking place in public, and also any acoustic presentation effected by means of
broadcasting, the transmitting thereof by means of a cable or diffusion service, the exhibition
of a cinematograph film, the use of an electronic or computing device, digital sound carrier,
record or tape, or by any other means whatsoever, and references to the words ‘perform’
and ‘performing’ shall be construed accordingly.

2. The Assignor hereby assigns to the Association All Performing Rights as well as all (tick
where appropriate)

Type Yes No
Mechanical Rights YES

Synchronization Rights YES

in all musical works which now belong to, acquired or created by the Assignor during the
continuance of the Assignor’s membership of the Association, to hold the same unto the
Association for its exclusive benefit during the residue of the terms for which the rights
assigned shall respectively subsist, or during such time as (in accordance with the provisions
of the Articles of Association for the time being in force) the rights remain vested in or
controlled by the Association.

6
3. The Association shall, upon signing of this deed, commence administering the rights
acquired in terms of this agreement and the Assignor accepts all decisions, acts, deeds, or
other arrangements at any time made, concluded or executed by the Association. The
Assignor accepts that it may be necessary for the Association to enter into agreements with
similar or other societies, persons or entities in order to ensure the effective and efficient
administration of the assigned rights. The Assignor also acknowledges that the Association’s
administration of mechanical rights may in future cover exploitation by means of usages and
media that were not envisaged at the time of the signing of this agreement and has no
objection to this.

4. The Association will from time to time pay the Assignor such sums of money out
of the monies collected by the Association in respect of the use of the works of its members
as the Assignor shall be entitled to receive in accordance with the Rules of the Association for
the time being in force.

5. The Assignor has good right and full power to assign the rights assigned in the manner
aforesaid to the Association. The Assignor will at all times keep the Association harmless and
indemnified against all loss, damage, costs, charges and expenses which the Association may
suffer or incur in respect of the exercise by the Association of any of the rights assigned. The
Assignor shall execute and make all such acts, deeds, power of attorney, assignments, and
Association may from time to time reasonably require.

Signed by or for and on behalf s.t. chiwenga

Assignor

Signed for and on behalf of the Association

1. Name 2.Name

ID ID
Number Number

Signature Signature

Date Date

7
MEMBERSHIP RULES AND REGULATIONS

Definition of Terms
a) Association: shall mean Zimbabwe Music Rights Association
b) Affiliated Society means any of the societies in other countries, having objects similar to those
of the Association, with which the Association is for the time being affiliated.
c) Author (lyrics) the original creator/writer of the text.
d) Composer (music) the creator of the music.
e) Council means the Council for the time being of the Association, as constituted and authorised
to act pursuant to the Association’s Articles of Association.
f) In writing means written or printed, or partly written and partly printed.
g) Member means and includes any full Member, associate Member, or candidate Member elected
to membership of the Association pursuant to the Association’s Articles of Association.
h) Patronym means real name of a composer.
i) Persons interested in a work means and includes any Member whom the Council in its
discretion from time to time determines to be the composer, author or publisher of a work as above
defined or proprietor of any of the rights in such work which, under the Articles, may be
administered by the Association; and any person elected to membership as the successor of a
deceased member or other deceased person whom the Council in its discretion determines to have
been the composer, author or publisher of such work or proprietor of any such rights in such work;
and any affiliated society.
j) Pseudonyms are names used for composing purposes or stage names
k) Publisher in respect of any work means any Member who has acquired the publishing right or
license in the work and who has given an undertaking to use all reasonable endeavours to exploit the
work for the benefit of the persons concerned and who has either: -
• Published the work in the normal manner customary in the music trade, or
• Filed with the Association a certificate signed by the writer(s) of the work authorising the
Association to treat the Member as otherwise exploiting the work for the benefit of the persons
interested therein; provided that such certificate shall have no effect if at the time it was given or at
the time the publisher acquired the publishing right or license in the work, the writer(s) had no
interest in the copyright in the work.
l) Share means such proportion of the net fee as may be allocated to a person interested in a
particular work.
m) Work means a work in which the Society owns or controls any of the rights which, under the
Articles, may be administered by the Association.
ZIMURA Head Office: 3 Aspen Flats, 80 Mendel Road, Off Sam Nujoma St Ext. Avondale, Harare,
Zimbabwe Tel: 08644119650/04-336185/339011 WhatsApp: +263 780 147 114 Email:
zimuramembership@gmail.com Website: www.zimura.co.zw

Please Note: The masculine gender shall also denote the feminine

Rule 1
Every Member, upon his admission, shall declare his works in the manner prescribed by the
Association including those works where he is an interested party, to the Association, as and when
he creates the musical works. The Association shall not be responsible for any royalty loss or damage
sustained by any member by reason of his failure to comply with the provisions of this Rule.

Rule 2
Royalties can only be claimed on works declared to the Association by the Member or a Publisher
where that Publisher has interests in the said declared works.

8
Rule 3
All Royalties should be claimed from the Association within three years from the date they become
payable. Failure to do so will result in those royalties being forfeited by way of a transfer to the
Association’s next Distribution Pool.

Rule 4
Proper procedures should be followed should a Member wish to transfer his membership to an
Affiliated Society. Dual membership is only allowed where territorial administration is specified.

Rule 5
Each Member should update the Association as and when his personal contact or any other details
change for administration purposes.

Rule 6
Members are obliged to attend the Annual General Meetings for them to keep abreast with the
Association’s operations and also be able to air their views, recommendations and /or suggestions.

Rule 7
A Member shall not rearrange other member’s works without the owner’s consent. The Association
assists in contacting the rightful owners. ZIMURA Head Office: 3 Aspen Flats, 80 Mendel Road, Off
Sam Nujoma St Ext. Avondale, Harare, Zimbabwe Tel: 08644119650/04-336185/339011
WhatsApp: +263 780 147 114 Email: zimuramembership@gmail.com Website: www.zimura.co.zw

Rule 8
Every Member shall refrain from doing anything that prejudices the success and interests of the
Association and its membership.

Rule 9
A member is required to ask for a ZIMURA license at any entertainment venue or business premise
that plays music publicly. Where a member finds a premise/s without a valid license he should
notify the office.

Rule 10
Each Member apart from his Patronym may not use more than two pseudonyms. Any changes in
pseudonyms should be notified to the Association in writing immediately. A change of name or
maiden name should be supported with proper legal documents.

Rule 11
Each Member is obliged to fill in the will and testament upon admission to the Association. Any
alterations and/ or amendments of the beneficiary’s details should be submitted to the Association
immediately.

Rule 12
Any disputes among Members should be resolved at the office by the Dispute Resolution Committee
failure of which they can be referred to Zimbabwean Courts for the law to take its course.

Rule 13
A member who has attained Full membership shall wait for six months “waiting period” before he
can benefit from the Funeral Scheme. Should a Member pass on, the immediate family must notify
the Association immediately. Funeral assistance can only be processed upon notification of the
death of a member within twelve months. Claims received after twelve months will not be processed.

9
Rule 14
The Association shall deduct ten percent of the net royalties due to non- Members to cover
administration costs. ZIMURA Head Office: 3 Aspen Flats, 80 Mendel Road, Off Sam Nujoma St
Ext. Avondale, Harare, Zimbabwe Tel: 08644119650/04-336185/339011 WhatsApp: +263 780 147
114 Email: zimuramembership@gmail.com Website: www.zimura.co.zw

Rule 15
Any misconduct by a member deemed serious by the Association, may result in the suspension or
termination of membership.

Rule 16
In the event that membership has been cancelled, should one wish to be re-considered, he may re-
apply after five years from the date of cancellation. Re-admission into membership is not automatic,
its subject to approval by the Board.

Rule 16(i)
If membership is suspended re-instatement would be automatic after a period of three years.

Declaration
Shepherd Tafadzwa Chiwenga 63-2233758 F80
I……………………………………………………………………… ID. No…………………………………………………being
in my sober senses hereby accept to be admitted as a member of the Zimbabwe Music Rights
Association (ZIMURA) in terms of its Memorandum and Articles of Association. I declare to abide
by the terms of this document, as well as its Membership Rules and Regulations.
Home
Signed at…………………………………….. 20
on this……………day of………………………………….20………
September 22

Signature……………………………………………………………
s.t.chiwenga

Signed for and on behalf of the Association…………………………………………………………………

10