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Harare High Court

Gramma Records (Private) Limited and Charles Charamba v Herman Chimusoro

HH 22-2007

Case Details

Court
Harare High Court
Date
1 February 2007
Citation
HH 22-2007
Neutral Citation
[2007] ZWHH 22
Outcome
unknown
Case Type
Opposed Court Application

Bench

Presiding
Gowora J
Full Bench
Gowora J
Areas of Law
Contract LawCopyright LawCivil Procedure
Keywords
DVD master24 track recordinglive concert recordingcopyright ownershiplienpayment dispute
Tags
CopyrightContract DisputePerformance RecordingLien
legislation
Statutes Cited
  • Copyright and Neighbouring Rights Act
  • Copyright and Neighbouring Rights Act
  • Copyright and Neighbouring Rights Act
  • Copyright and Neighbouring Rights Act
  • Copyright and Neighbouring Rights Act
  • Copyright and Neighbouring Rights Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants are entitled to delivery of the audio-visual work and sound recording under Section 14(4) of the Copyright and Neighbouring Rights Act.","issue_type":"law","dispositive":"yes","related_facts":"Commissioning and partial payment for the recording; tender of balance."}
  • {"issue_text":"Whether the respondent has a valid lien over the recordings for unpaid additional studio work.","issue_type":"law","dispositive":"yes","related_facts":"Additional studio work performed; no invoice provided; no agreement on extra charges."}
  • {"issue_text":"Whether the respondent’s possession of the recordings constitutes copyright infringement under Section 51(2)(a)(iii).","issue_type":"law","dispositive":"no","related_facts":"Respondent produced the recordings; retained them due to payment dispute."}
  • {"issue_text":"Whether the respondent’s counterclaim for additional amounts is sustainable.","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of invoices; no contractual basis for extra charges; inflation-based claim."}
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background
Facts of the Case

Background

Gramma Records (Private) Limited and gospel artist Charles Charamba contracted Herman Chimusoro to record and produce a DVD master of a live concert held on 1 October 2005 at the Harare International Conference Centre. A dispute arose over non-delivery of the final DVD master and non-payment of the balance of fees. The applicants sought delivery of the recordings and an interdict, while the respondent counterclaimed for unpaid amounts including for additional studio work.
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